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FISHER v. ANGELONE

No. 98-4.

163 F.3d 835 (1998)

David Lee FISHER, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1998.

Attorney(s) appearing for the Case

ARGUED: Michele Jill Brace, Virginia Capital Representation Resource Center, Richmond, Virginia; Richard Barry Benenson, Arnold & Porter, Washington, D.C., for Appellant. Robert H. Anderson, III, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Steven G. Reade, David A. Ashmore, Kristen L. Gustafson, Arnold & Porter, Washington, D.C., for Appellant. Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before WIDENER, LUTTIG and WILLIAMS, Circuit Judges.

Dismissed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Judge LUTTIG joined.

WILLIAMS, Circuit Judge:

On July 15, 1987, a Virginia jury convicted David Lee Fisher1 of the capital murder of David Wilkey.2 Following the jury's determination that Fisher presented a future danger to society, the trial court sentenced Fisher to death. After exhausting all available state...

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