BELL v. JARVIS

No. 98-7002.

198 F.3d 432 (1999)

Ernest Sutton BELL, Petitioner-Appellant, v. Mack JARVIS; Robert Smith, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1999.

Rehearing Granted; Opinion Vacated February 23, 2000.


Attorney(s) appearing for the Case

ARGUED: Kathryn L. VandenBerg, North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellant. Ellen Bradshaw Scouten, 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 and TRAXLER, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Rehearing En Banc Granted; Opinion Vacated February 23, 2000.

Reversed and remanded by published opinion. SeniorJudge BUTZNER wrote the majority opinion, in which Judge MURNAGHAN joined. Judge TRAXLER wrote a dissenting opinion.

OPINION

BUTZNER, Senior Circuit Judge:

Ernest Sutton Bell appeals the district court's dismissal of his petition for habeas corpus. Bell challenges his convictions for rape and other sexual offenses on the ground...

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