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BROWN v. LEE

No. 02-11.

319 F.3d 162 (2003)

Willie BROWN, Jr., Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 2003.

Attorney(s) appearing for the Case

ARGUED: James Donald Cowan, Jr., Smith Moore, L.L.P., Greensboro, North Carolina, for Appellant.

Ellen Bradshaw Scouten, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Frances P. Turner, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed in part, reversed in part, and remanded by published opinion. Judge Traxler wrote the opinion, in which Judge Luttig and Judge Michael joined.

OPINION

TRAXLER, Circuit Judge.

Petitioner Willie Brown, Jr., filed a petition for habeas relief in the district court under 28 U.S.C.A. § 2254 (West 1994 & Supp.2002), challenging a sentence of death imposed after his conviction in North Carolina for the armed robbery and murder of Vallerie...

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