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HOWARD v. MOORE

No. 95-4017.

131 F.3d 399 (1997)

Ronnie HOWARD, Petitioner-Appellant, v. Michael W. MOORE, Director of South Carolina Department of Corrections; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1997.

Attorney(s) appearing for the Case

ARGUED: Sheri Lynn Johnson, Cornell Law School, Ithaca, NY, for Appellant. Donald John Zelenka, Assistant Deputy Attorney General, Columbia, SC, for Appellees. ON BRIEF: H.W. Pat Paschal, Jr., Greenville, SC; Barney O. Smith, Jr., Greenville, SC, for Appellant. Charles Molony Condon, Attorney General, John W. McIntosh, Deputy Attorney General, W. Edgar Salter, III, Senior Assistant Attorney General, Lauri J. Soles, Assistant Attorney General, Columbia, SC, for Appellees.

Before WILKINSON, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges DONALD S. RUSSELL, WIDENER, WILKINS, NIEMEYER, HAMILTON, and LUTTIG joined. Judge MICHAEL wrote a dissenting opinion, in which Judges K.K. HALL, MURNAGHAN, and DIANA GRIBBON MOTZ joined.

OPINION

WILLIAMS, Circuit Judge.

In June 1986, Ronnie Howard was convicted of capital murder by a South Carolina jury and sentenced to death. After...

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