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SKIPPER v. FRENCH

No. 97-2.

130 F.3d 603 (1997)

Sherman Elwood SKIPPER, Petitioner-Appellant, v. James B. FRENCH, Warden of Central Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1997.

Attorney(s) appearing for the Case

ARGUED: William Stanley Mills, Glenn, Mills & Fisher, Durham, NC, for Appellant. Thomas Stephen Hicks, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee. ON BRIEF: Gretchen Engel, Center for Death Penalty Litigation, Durham, NC, for Appellant. Michael F. Easley, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, NC, for Appellee.

Before WIDENER and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion in which Judge WIDENER and Judge MICHAEL joined.

PHILLIPS, Senior Circuit Judge:

This is an appeal by Sherman Elwood Skipper from a district court order which dismissed, as procedurally barred, all the federal claims presented in his federal habeas corpus petition seeking relief from his North Carolina state court conviction and death sentence for first-degree murder. Because...

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