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SHEPPARD v. EARLY

No. 99-6048.

168 F.3d 689 (1999)

Mark A. SHEPPARD, Plaintiff-Appellant, v. Mark L. EARLY, individually and in his capacity as Attorney General of Virginia, Defendant-Appellee, and Commonwealth of Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1999.

Attorney(s) appearing for the Case

Steven D. Benjamin, Benjamin & Desportes, P.C., Richmond, Virginia; Dana Johannes Finberg, Timothy Michael Kaine, Mezzullo & McCandlish, P.C., Richmond, Virginia, for Appellant. Donald Richard Curry, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

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

Affirmed by unpublished opinion. Judge WILKINS wrote the opinion, in which Chief Judge WILKINSON and Judge NIEMEYER joined.

OPINION

WILKINS, Circuit Judge:

Mark A. Sheppard, a Virginia inmate sentenced to death for the 1993 murders of Richard A. and Rebecca W. Rosenbluth, brought this action pursuant to 42 U.S.C.A. § 1983 (West Supp.1998). Sheppard argues that Va.Code Ann. § 53.1-232.1 (Michie...

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