SMITH v. MOORE

No. 97-18.

137 F.3d 808 (1998)

Andrew Lavern SMITH, Petitioner-Appellant, v. Michael MOORE, Commissioner, South Carolina Department of Corrections; Charles Condon, Attorney General, South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1998.


Attorney(s) appearing for the Case

ARGUED: John Henry Blume, III, Cornell Law School, Ithaca, New York, for Appellant. Lauri J. Soles, Assistant Attorney General, Columbia, South Carolina, for Appellees. ON BRIEF: Sheri Lynn Johnson, Cornell Law School, Ithaca, New York; Teresa L. Norris, Center For Capital Litigation, Columbia, South Carolina, for Appellant. Charles M. Condon, Attorney General, John W. McIntosh, Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Robert F. Daley, Assistant Attorney General, Columbia, South Carolina, for Appellees.

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG joined. Judge MOTZ wrote a separate opinion concurring in all of the opinion of the Court except for Part II.B.

WILLIAMS, Circuit Judge:

On January 14, 1984, a South Carolina jury convicted Andrew Smith of the brutal murders of Christy and Corrie Johnson. Following the jury's recommendation, the trial court sentenced Smith to death. After exhausting his state appeals, Smith...

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