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LYONS v. LEE

Nos. 02-13, 02-14.

316 F.3d 528 (2003)

Robbie James LYONS, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee. Robbie James Lyons, Petitioner-Appellant, v. R.C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 2003.

Attorney(s) appearing for the Case

ARGUED: John Kirk Osborn, Osborn & Tyndall, P.L.L.C., Chapel Hill, North Carolina, for Appellant. Valerie Blanche Spalding, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Ernest L. Conner, Jr., Dixon, Doub, Conner & Foster, P.L.L.C., Greenville, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Application for certificate of appealability denied and appeal dismissed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined. Judge GREGORY wrote a concurring opinion.

OPINION

WILLIAMS, Circuit Judge.

A North Carolina jury convicted Robbie James Lyons of first-degree felony murder and attempted robbery with a dangerous weapon (attempted armed robbery). Following a capital sentencing proceeding, the jury recommended...

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