TRUESDALE v. MOORE

No. 97-24.

142 F.3d 749 (1998)

Louis Joe TRUESDALE, Petitioner-Appellant, v. Michael B. MOORE, Commissioner, South Carolina Department of Corrections; Charles M. Condon, Attorney General, State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1998.


Attorney(s) appearing for the Case

ARGUED: Mark Oliver Denehy, Adler, Pollock & Sheehan, Inc., Providence, RI; John Henry Blume, III, Columbia, SC, for Appellant. Donald John Zelenka, Asst. Deputy Atty. Gen., Columbia, SC, for Appellees. ON BRIEF: Joseph Avanzato, Adler, Pollock & Sheehan, Inc., Providence, RI; Keir M. Weyble, Columbia, SC, for Appellant. Charles M. Condon, Atty. Gen., John W. McIntosh, Deputy Atty. Gen., Columbia, SC, for Appellees.

Before WILKINSON, Chief Judge, and WILLIAMS and MICHAEL, Circuit Judges.


Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

WILKINSON, Chief Judge:

Louis Joe Truesdale was sentenced to death for the murder of Rebecca Eudy. After exhausting state challenges to the third death sentence imposed by the state courts, he petitioned the United States District Court for the District of South Carolina for a writ of habeas corpus under 28 U.S.C. §...

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