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BATES v. LEE

No. 02-4.

308 F.3d 411 (2002)

Joseph Earl BATES, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 2002.

Attorney(s) appearing for the Case

ARGUED: Robert Hood Hale, Jr., Raleigh, North Carolina; Rosemary Godwin, Raleigh, North Carolina, for Appellant.

Barry Steven McNeill, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Senior Judge HAMILTON joined.

OPINION

WILKINSON, Chief Judge.

Appellant Joseph Earl Bates was sentenced to death for the murder of Charles Edwin Jenkins. Bates does not contest the fact that he committed the murder. After exhausting state challenges to the sentence imposed by the state courts, Bates petitioned the United States District Court for the...

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