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BACON v. LEE

Nos. 99-21, 99-23.

225 F.3d 470 (2000)

Robert BACON, Jr., Petitioner-Appellee, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant. Robert Bacon, Jr., Petitioner-Appellant, v. R.C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 2000.

Attorney(s) appearing for the Case

ARGUED: Edwin William Welch, Special Deputy Attorney General, Teresa Lynn Harris, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellant. Gretchen Marie Engel, Center for Death Penalty Litigation, Inc., Durham, North Carolina, for Appellee. ON BRIEF: Stephen R. Greenwald, Audrey Cohen College, New York, New York, for Appellee.

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Judge KING wrote a separate opinion concurring in the judgment in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge.

A North Carolina jury convicted Robert Bacon of the murder of Glennie Clark and sentenced him to death. On appeal, the North Carolina Supreme Court vacated the death sentence, ruling that there was...

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