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THOMAS v. DAVIS

No. 98-6824.

192 F.3d 445 (1999)

Leon E. THOMAS, Petitioner-Appellee, v. William DAVIS, Warden of Lee Correctional Institution; Charles Molony Condon, Attorney General of the State of South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: September 28, 1999.

Attorney(s) appearing for the Case

ARGUED: William Edgar Salter, III, Senior Assistant Attorney General, Columbia, South Carolina, for Appellants. Keir Michael Weyble, Columbia, South Carolina, for Appellee. ON BRIEF: Charles M. Condon, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellants. John H. Blume, Columbia, South Carolina, for Appellee.

Before ERVIN, NIEMEYER, and KING, Circuit Judges.

Reversed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER joined.

OPINION

KING, Circuit Judge:

William Davis, the warden of Lee Correctional Institute in Bishopville, South Carolina, and Charles Condon, the Attorney General of South Carolina, appeal the final judgment of the district court granting, pursuant to 28 U.S.C. § 2254, a writ of habeas corpus to prisoner Leon E. Thomas. Davis and Condon also appeal the district...

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