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GILBERT v. MOORE

Nos. 96-12, 96-13, 96-15, 96-16.

121 F.3d 144 (1997)

Larry GILBERT, Petitioner-Appellee, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Attorney General of the State of South Carolina, Respondents-Appellants. J.D. GLEATON, Petitioner-Appellee, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Attorney General of the State of South Carolina, Respondents-Appellants. Larry GILBERT, Petitioner-Appellant, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Attorney General of the State of South Carolina, Respondents-Appellees. J.D. GLEATON, Petitioner-Appellant, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Attorney General of the State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1997.

Rehearing Granted; Opinion Vacated September 23, 1997.

Attorney(s) appearing for the Case

ARGUED: Charles Molony Condon, Attorney General, Robert F. Daley, Jr., Assistant Attorney General, Columbia, SC, for Appellants. Vance L. Cowden, Department of Clinical Legal Studies, University of South Carolina School of Law, John Henry Blume, III, Columbia, SC, for Appellees. ON BRIEF: John W. McIntosh, Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, SC, for Appellants. William Lewis Burke, Jr., Department of Clinical Legal Studies, University of South Carolina School of Law, Columbia, SC, David P. Voisin, Hilary Sheard, Center for Capital Litigation, Columbia, SC, for Appellees.

Before RUSSELL, MURNAGHAN, and MOTZ, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated September 23, 1997.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge MURNAGHAN and Judge MOTZ joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

The Director of the South Carolina Department of Corrections, in his official capacity, and the Attorney General of the State of South Carolina (collectively "the State"), appeal the district court's final order granting Larry...

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