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McWEE v. WELDON

No. 01-21.

283 F.3d 179 (2002)

Jerry Bridwell McWEE, Petitioner-Appellant, v. Willie WELDON, Warden of Leiber Correctional Institution; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 2002.

Attorney(s) appearing for the Case

ARGUED: John Frank Hardaway, Columbia, South Carolina; Melissa Reed Kimbrough, Columbia, South Carolina, for Appellant. Donald John Zelenka, Assistant Deputy Attorney General, South Carolina Office of the Attorney General, Columbia, South Carolina, for Appellees. ON BRIEF: Charles M. Condon, Attorney General, John W. McIntosh, Chief Deputy Attorney General, South Carolina Office of the Attorney General, Columbia, South Carolina, for Appellees.

Before LUTTIG, MICHAEL, and KING Circuit Judges.

Dismissed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

LUTTIG, Circuit Judge.

During a robbery of a rural convenience store on July 6, 1991, Jerry McWee shot to death John Perry, the store clerk. A jury convicted McWee of murder and armed robbery, and the trial judge, pursuant to the jury's recommendation, sentenced McWee to death. McWee now presents several issues to this court on appeal...

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