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MACKALL v. ANGELONE

No. 95-4018.

131 F.3d 442 (1997)

Tony Albert MACKALL, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections; Samuel V. Pruett, Warden, Mecklenburg State Correctional Facility; Commonwealth of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1997.

Certiorari Denied February 6, 1998.

Attorney(s) appearing for the Case

ARGUED: Joseph N. Bowman, Alexandria, Virginia, for Appellant. Donald Richard Curry, Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Donald R. Lee, Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellant. James S. Gilmore, III, Attorney General, Pamela A. Rumpz, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees.

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

Certiorari Denied February 6, 1998. See 118 S.Ct. 907.

Affirmed by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ joined. Senior Judge BUTZNER wrote a dissenting opinion, in which Judge MURNAGHAN joined.

OPINION

WILKINS, Circuit Judge:

Tony Albert Mackall appeals a decision of the district court denying his petition...

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