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DANIELS v. LEE

No. 02-9.

316 F.3d 477 (2003)

John Dennis DANIELS, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 2003.

Attorney(s) appearing for the Case

ARGUED: Kimberly Candace Stevens, Stevens & Withrow, P.L.L.C., Winston-Salem, North Carolina; Ann Bach Petersen, Glover & Petersen, P.A., Chapel Hill, North Carolina, for Appellant. Edwin William Welch, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Roy Cooper, Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and WIDENER and KING, Circuit Judges.

Certificate of appealability denied and appeal dismissed by published opinion. Judge KING wrote the opinion in which Chief Judge WILKINSON and Judge WIDENER joined.

OPINION

KING, Circuit Judge.

In September of 1990, John Dennis Daniels was convicted in the Superior Court of Mecklenburg County, North Carolina, of capital murder and multiple related crimes. The jury recommended that Daniels be sentenced to death and the presiding judge imposed the...

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