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FULLWOOD v. LEE

No. 01-13.

290 F.3d 663 (2002)

Michael Lee FULLWOOD, Petitioner-Appellant, v. R.C. LEE, Warden of Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 2002.

Attorney(s) appearing for the Case

ARGUED: Kenneth Justin Rose, Center for Death Penalty Litigation, Inc., Durham, North Carolina, for Petitioner-Appellant. Teresa Harris Pell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Respondent-Appellee. ON BRIEF: Stephen P. Lindsay, Cloninger, Lindsay, Hensley, Searson & Arcuri, P.L.L.C., Asheville, North Carolina, for Petitioner-Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina, Department of Justice, Raleigh, North Carolina, for Respondent-Appellee.

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed in part, reversed in part, dismissed in part, and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge MICHAEL joined. Judge WIDENER wrote an opinion concurring in part and dissenting in part.

OPINION

TRAXLER, Circuit Judge.

A North Carolina state court sentenced Michael Lee Fullwood to die for the murder of Deidre Waters. Fullwood appeals an order of the district...

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