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MONROE v. ANGELONE

Nos. 02-6548, 02-6625.

323 F.3d 286 (2003)

Beverly Anne MONROE, Petitioner-Appellee, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellant. Virginia Trial Lawyers Association, Amicus Curiae. Beverly Anne Monroe, Petitioner-Appellant, v. Ronald J. Angelone, Director, Virginia Department of Corrections, Respondent-Appellee. Virginia Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2003.

Attorney(s) appearing for the Case

John H. McLees, Jr., Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Stephen Atherton Northup, Troutman Sanders, L.L.P., Richmond, Virginia, for Appellee. Jerry W. Kilgore, Attorney General of Virginia, Stephen R. McCullough, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. George A. Somerville, Troutman Sanders, L.L.P., Richmond, Virginia; Frederick R. Gerson, Robinson, Carl & Gerson, Richmond, Virginia, for Appellee. David B. Hargett, Hargett & Watson, P.L.C., Richmond, Virginia; James O. Broccoletti, Zoby & Broccoletti, P.C., Norfolk, Virginia, for Amicus Curiae.

Before WILKINSON and KING, Circuit Judges, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge GOODWIN joined.

OPINION

KING, Circuit Judge:

In March of 1992, wealthy art collector and notorious philanderer Roger de la Burde died from a single gunshot wound to the head. Following a high-profile trial in Powhatan County, Virginia, his longtime girlfriend Beverly Monroe was convicted of his murder. Monroe later discovered...

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