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BOOTH-EL v. NUTH

Nos. 01-8, 01-10.

288 F.3d 571 (2002)

John BOOTH-EL, Petitioner-Appellee, v. Eugene M. NUTH, Warden; J. Joseph Curran, Jr., Respondents-Appellants. John Booth-El, Petitioner-Appellant, v. Eugene M. Nuth, Warden; J. Joseph Curran, Jr., Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 2002.

Attorney(s) appearing for the Case

ARGUED: Annabelle Louise Lisic, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Respondents-Appellants. David John Walsh-Little, Baltimore, Maryland; Michael Alan Millemann, Baltimore, Maryland, for Respondents-Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Ann N. Bosse, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Respondents-Appellants.

Before WILKINSON, Chief Judge, and WILKINS and GREGORY, Circuit Judges.

Affirmed in part, reversed in part, and remanded with directions to dismiss the petition by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge GREGORY joined.

OPINION

WILKINSON, Chief Judge.

After his third death sentence for the murder of Irvin and Rose Bronstein was affirmed by the Maryland courts, John Booth-El filed a federal habeas corpus petition. The...

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