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WILLIAMS v. TAYLOR

Nos. 98-14, 98-16.

163 F.3d 860 (1998)

Terry WILLIAMS, Petitioner-Appellee, v. John TAYLOR, Warden, Sussex I State Prison, Respondent-Appellant. Terry Williams, Petitioner-Appellant, v. John Taylor, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1998.

Attorney(s) appearing for the Case

ARGUED: Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Ellen O. Boardman, O'Donoghue & O'Donoghue, Washington, D.C., for Appellee. ON BRIEF: Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellant. Brian A. Powers, Dinah S. Leventhal, O'Donoghue & O'Donoghue, Washington, D.C., for Appellee.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.

OPINION

WILLIAMS, Circuit Judge:

On September 30, 1986, a Virginia jury convicted Terry Williams of the capital murder of Harris Thomas Stone. Following the jury's determination that Williams presented a future danger to society, the trial court sentenced Williams to death. After exhausting all available state...

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