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BOYD v. FRENCH

No. 97-23.

147 F.3d 319 (1998)

Arthur Martin BOYD, Jr., Petitioner-Appellant, v. James B. FRENCH, Warden, Central Prison, Raleigh, North Carolina; Michael F. Easley, Attorney General of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1998.

Attorney(s) appearing for the Case

ARGUED: James Richard Glover, Glover & Petersen, P.A., Chapel Hill, North Carolina; Thomas Kieran Maher, Rudolph & Maher, P.A., Chapel Hill, North Carolina, for Appellant. Barry Steven McNeill, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Michael F. Easley, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Before MURNAGHAN, ERVIN, and WILKINS, Circuit Judges.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge ERVIN joined. Judge MURNAGHAN wrote a concurring opinion.

OPINION

WILKINS, Circuit Judge:

Appellant Arthur Martin Boyd, Jr. filed this petition for habeas corpus relief1 from his North Carolina capital conviction and death sentence for the murder of his former girlfriend, 32-year-old Wanda Mae Phillips Hartman. See 28 U.S.C.A. §...

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