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BOOTH v. STATE OF MD.

No. 96-7597.

112 F.3d 139 (1997)

John Marvin BOOTH; Wesley Eugene Baker; Kenneth Lloyd Collins; Tyrone Delano Gilliam, Jr.; Steven Howard Oken, Plaintiffs-Appellees, v. STATE OF MARYLAND; Parris N. Glendening, Governor of Maryland; J. Joseph Curran, Jr., Attorney General of Maryland; Eugene M. Nuth, Warden, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1997.

Attorney(s) appearing for the Case

ARGUED: Gwynn X. Kinsey, Jr., Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Peter Edward Keith, Gallagher, Evelius & Jones, Baltimore, Maryland; Gary Wilmer Christopher, Assistant Federal Public Defender, Baltimore, Maryland, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Nevett Steele, Jr., Michael J. Gentile, Towson, Maryland, for Appellee Booth; William B. Purpura, Baltimore, Maryland, for Appellee Baker; Fred Warren Bennett, Catholic University Law School, Washington, DC, for Appellee Oken; Charles G. Bernstein, Baltimore, Maryland; Neil Ian Jacobs, Rockville, Maryland, for Appellee Collins; Jerome H. Nickerson, Bel Air, Maryland, for Appellee Gilliam.

Before WILKINSON, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HALL and Senior Judge BUTZNER joined.

OPINION

WILKINSON, Chief Judge:

Five death row prisoners sued the State of Maryland, its Governor, Attorney General, and a state prison warden under 42 U.S.C. § 1983. The prisoners sought a declaratory judgment that Maryland was not entitled to the benefits of the new chapter 154 of the federal habeas corpus...

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