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SATCHER v. PRUETT

Nos. 96-22, 96-23.

126 F.3d 561 (1997)

Michael Charles SATCHER, Petitioner-Appellee, v. Samuel V. PRUETT, Warden, Mecklenburg Correctional Center, Respondent-Appellant. Virginia Capital Representation Resource Center, Amicus Curiae. Michael Charles SATCHER, Petitioner-Appellant, v. Samuel V. PRUETT, Warden, Mecklenburg Correctional Center, Respondent-Appellee. Virginia Capital Representation Resource Center, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1997.

Attorney(s) appearing for the Case

ARGUED: Katherine P. Baldwin, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellant. John Louis Hardiman, New York City, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, VA, for Appellant. Lee Ann Anderson McCall, Greenville, SC; Steven D. Benjamin, Betty Layne Desportes, Steven D. Benjamin & Associates, Richmond, VA, for Appellee. Michele J. Brace, Virginia Capital Representation Resource Center, Inc., Richmond, VA; Mark Evan Olive, Tallahassee, FL; Gerald T. Zerkin, Gerald T. Zerkin & Associates, Richmond, VA, for Amicus Curiae.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

Reversed in part, affirmed in part, and remanded with instructions by published opinion. Judge MICHAEL wrote the opinion, in which Judge WIDENER and Judge WILLIAMS joined.

OPINION

MICHAEL, Circuit Judge:

Petitioner Michael Satcher was convicted in Arlington County, Virginia, in 1991 of the robbery, assault and battery, and attempted rape of Deborah Abel and of the robbery, rape, and capital murder of Ann Borghesani. Satcher was sentenced to death...

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