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QUESINBERRY v. TAYLOR

No. 98-3.

162 F.3d 273 (1998)

George Adrian QUESINBERRY, Jr., Petitioner-Appellant, v. John TAYLOR, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 7, 1998.

Attorney(s) appearing for the Case

ARGUED: Albert Peter Brodell, Williams, Mullen, Christian & Dobbins, Richmond, Virginia, for Appellant. Donald Richard Curry, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Patrick R. Hanes, Williams, Mullen, Christian & Dobbins, Richmond, Virginia; Donald R. Lee, Jr., MacAuley, Lee & Powell, Richmond, Virginia; Robert E. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellant. Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

BUTZNER, Senior Circuit Judge:

George Quesinberry appeals the district court's denial of his petition for a writ of habeas corpus. Quesinberry was convicted of capital murder, breaking and entering with the intent to commit larceny and robbery, and the use of a firearm in the commission of a burglary, robbery, and capital...

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