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SPICER v. ROXBURY CORRECTIONAL INSTITUTE

No. 99-6119.

194 F.3d 547 (1999)

Brady George SPICER, Petitioner-Appellee, v. ROXBURY CORRECTIONAL INSTITUTE, Warden; Attorney General of the State of Maryland, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1999.

Attorney(s) appearing for the Case

ARGUED: Ann Norman Bosse, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Nancy Maggitti Cohen, Cohen & McCable, L.L.C., Annapolis, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants.

Before WILKINSON, Chief Judge, and NIEMEYER and KING, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

The grave question over the fairness and accuracy of the trial that the State of Maryland provided to Brady George Spicer on charges that he brutally assaulted Francis Denvir arises from the state's violation of Spicer's due process rights under...

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