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BELL v. JARVIS

No. 98-7002

236 F.3d 149 (2000)

Ernest Sutton Bell, Petitioner-Appellant, v. Mack Jarvis; Robert Smith, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2000

Attorney(s) appearing for the Case

ARGUED: James Phillip Griffin, Jr., Kathryn L. VandenBerg, NORTH CAROLINA PRISONER LEGAL SERVICES, INC., Raleigh, North Carolina, for Appellant.

ON BRIEF: Ellen Bradshaw Scouten, Special Deputy Attorney General, Michael F. Easley, Attorney General of North Carolina, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Before WILKINSON, Chief Judge, WIDENER, MURNAGHAN, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, and KING joined. Judge MOTZ wrote a dissenting opinion, in which Judge MICHAEL joined. Senior Judge BUTZNER wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

Ernest Sutton Bell appeals the district court's decision denying his petition for writ of habeas corpus, see 28 U...

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