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ROUSE v. LEE

No. 01-12.

314 F.3d 698 (2003)

Kenneth Bernard ROUSE, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 2003.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Maher, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert M. Hurley, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Roy Cooper, Attorney General, William N. Farrell, Jr., Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Vacated and remanded by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge KING joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

In this federal habeas petition, his first, Kenneth Bernard Rouse seeks relief on the ground, inter alia, that a juror who voted to convict and execute him deliberately concealed bias in order...

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