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ALLEN v. LEE

No. 02-5.

319 F.3d 645 (2003)

Timothy Lanier ALLEN, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 2003.

Corrected Opinion Filed February 14, 2003.

Rehearing Granted and Opinion Vacated March 24, 2003.

Attorney(s) appearing for the Case

ARGUED: John Richard Rittelmeyer, Hartzell & Whiteman, L.L.P., Raleigh, NC, for Appellant. Jonathan Porter Babb, Sr., Special Deputy Attorney General, Steven Franklin Bryant, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee.

ON BRIEF: Gretchen M. Engel, Center for Death Penalty Litigation, Inc., Durham, NC, for Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, NC, for Appellee.

Before NIEMEYER, MOTZ and GREGORY, Circuit Judges.

Affirmed in part and Reversed in part by published opinion. Judge GREGORY wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

CORRECTED OPINION

GREGORY, Circuit Judge.

After a jury convicted Timothy Lanier Allen of first-degree murder, a North Carolina state court sentenced him to death. Allen unsuccessfully challenged his conviction and sentence in the North Carolina courts and in the Supreme...

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