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BASDEN v. LEE

No. 01-24.

290 F.3d 602 (2002)

Ernest West BASDEN, Petitioner Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 2002.

Attorney(s) appearing for the Case

ARGUED: J. Matthew Martin, Martin & Martin, P.A., Hillsborough, North Carolina; John Dalton Loftin, Loftin & Loftin, P.A., Hillsborough, North Carolina, for Petitioner-Appellant. Edwin William Welch, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Respondent-Appellee.

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

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

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge WILKINSON and Judge GREGORY joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

A jury convicted Ernest Basden of the first-degree murder of, and conspiracy to murder, Billy White, and recommended that he be sentenced to death. Basden challenged his convictions and resulting death sentence in state court, unsuccessfully pursuing direct and postconviction...

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