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BARNABEI v. ANGELONE

No. 99-16.

214 F.3d 463 (2000)

Derek Rocco BARNABEI, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent—Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 2000

Attorney(s) appearing for the Case

ARGUED: Linda Ceilia Goldstein, Covington & Burling, New York, New York, for Appellant. Robert H. Anderson, III, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee.

ON BRIEF: Sean Hecker, Covington & Burling, New York, New York; Timothy C. Hester, Seth A. Tucker, Amy L. Levine, Gerard N. Magliocca, Keith L. Lieberthal, Covington & Burling, Washington, D.C., for Appellant. Mark L. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge WILKINSON and Senior Judge HAMILTON joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

On June 14, 1995, a Virginia jury convicted Derek R. Barnabei of raping and murdering Sarah Wisnosky, a 17-year-old student at Old Dominion University. The following day, the same jury sentenced Barnabei to death. After exhausting his state remedies, Barnabei filed a...

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