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MICKENS v. TAYLOR

No. 00-4.

227 F.3d 203 (2000)

Walter MICKENS, Jr., Petitioner-Appellant, v. John B. TAYLOR, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 14, 2000

Rehearing Granted; Opinion Vacated October 23, 2000.

Attorney(s) appearing for the Case

ARGUED: Robert James Wagner, Wagner & Wagner, Richmond, Virginia, for Appellant. Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Robert E. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellant. Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

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

Reversed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge WIDENER wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

In 1993 a jury in Virginia state court convicted Walter Mickens of capital murder, and he was sentenced to death. Mickens' federal habeas counsel discovered something by chance that Mickens did...

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