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CARTER v. LEE

No. 01-19.

283 F.3d 240 (2002)

Desmond Keith CARTER, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 2002.

Attorney(s) appearing for the Case

ARGUED: William Lindsay Osteen, Jr., Adams & Osteen, Greensboro, North Carolina, for Appellant. Gerald Patrick Murphy, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Walter Lamar Jones, Clifford, Clendenin, O'Hale, Jones, L.L.P., Greensboro, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before MOTZ, KING, and GREGORY, Circuit Judges.

Certificate of appealability denied and appeal dismissed by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

KING, Circuit Judge.

In 1993, Desmond Keith Carter was convicted by a state court jury in Rockingham County, North Carolina, of the separate crimes of capital murder and robbery with a dangerous weapon. The jury recommended that Carter be sentenced to death on the murder offense, and the...

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