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GILBERT v. MOORE

Nos. 96-12, 96-13, 96-15 and 96-16.

134 F.3d 642 (1998)

Larry GILBERT, Petitioner-Appellee, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellants. J.D. GLEATON, Petitioner-Appellee, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellants. Larry GILBERT, Petitioner-Appellant, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees. J.D. GLEATON, Petitioner-Appellant, v. Michael W. MOORE, Director of the South Carolina Department of Corrections, in his official capacity; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 1998.

Attorney(s) appearing for the Case

ARGUED: Charles Molony Condon, Attorney General, Columbia, SC, for Appellants. John Henry Blume, III, Columbia, SC, for Appellees. ON BRIEF: John W. McIntosh, Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Robert F. Daley, Jr., Assistant Attorney General, Columbia, SC, for Appellants. Vance L. Cowden, William Lewis Burke, Jr., Department of Clinical Legal Studies, University of South Carolina School of Law, Columbia, SC, for Appellee Gilbert; David P. Voisin, Hilary Sheard, Center for Capital Litigation, Columbia, SC, for Appellee Gleaton.

Before WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Nos. 96-12 and 96-13 reversed, and Nos. 96-15 and 96-16 affirmed, by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges WIDENER, MURNAGHAN, ERVIN, NIEMEYER, LUTTIG, and WILLIAMS joined. Judge HAMILTON joined in the majority opinion except Parts VI A and VI B and wrote an opinion concurring in part and concurring in the judgment. Judge MICHAEL and Judge DIANA GRIBBON MOTZ joined in the majority opinion except Part VI and...

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