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HAYES v. YORK

No. 02-6240.

311 F.3d 321 (2002)

John Francis HAYES, Petitioner-Appellant, v. Michael YORK, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 2002.

Attorney(s) appearing for the Case

ARGUED: Lyle Joseph Yurko, Yurko & Owens, P.A., Charlotte, North Carolina; Michael Smith Scofield, Charlotte, North Carolina, for Appellant. Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas M. Dawson, Leavenworth, Kansas, for Appellant. Roy Cooper, Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Senior Judge HAMILTON joined. Senior Judge HAMILTON wrote a concurring opinion.

OPINION

LUTTIG, Circuit Judge.

Appellant, John Francis Hayes, filed a petition for habeas relief in the district court under 28 U.S.C. § 2254. The district court denied Hayes' petition, but granted him a certificate of appealability...

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