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TUCKER v. OZMINT

No. 03-5.

350 F.3d 433 (2003)

James Neil TUCKER, Sr., Petitioner-Appellant, v. Jon E. OZMINT, Director, South Carolina Department of Corrections; Henry Dargan McMaster, Attorney General, State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2003.

Attorney(s) appearing for the Case

ARGUED: Robert Edward Lominack, Center for Capital Litigation, Columbia, South Carolina, for Appellant.

Donald John Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellees.

ON BRIEF: Teresa L. Norris, Center for Capital Litigation, Columbia, South Carolina; Thomas R. Haggard, Ridgeway, South Carolina, for Appellant. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Affirmed by published opinion.

Judge SHEDD wrote the opinion, in which Judge MICHAEL and Judge DIANA GRIBBON MOTZ joined.

OPINION

SHEDD, Circuit Judge:

James Neil Tucker was convicted by a South Carolina jury of the murder of Rosa Lee "Dolly" Oakley. Upon the jury's recommendation, the trial court sentenced Tucker to death. After his direct appeal and post-conviction review yielded no relief in the state courts, Tucker filed a petition for...

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