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RUBIN v. GEE

No. 01-6411.

292 F.3d 396 (2002)

Lisa Joyce RUBIN, Petitioner-Appellee, v. Archie GEE, Director; J. Joseph Curran, Jr., Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 2002.

Attorney(s) appearing for the Case

ARGUED: Gary Eugene Bair, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Fred Warren Bennett, Bennett & Nathans, L.L.P., Greenbelt, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Michael E. Lawlor, Bennett & Nathans, L.L.P., Greenbelt, Maryland, for Appellee.

Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HOWARD joined. Judge DIANA GRIBBON MOTZ wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge.

Lisa Joyce Rubin, a Maryland prisoner, claims she was denied the effective assistance of counsel and seeks federal habeas corpus relief. The district court granted a writ of habeas corpus, concluding that the state...

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