McHONE v. POLK

No. 04-14.

392 F.3d 691 (2004)

Steven Van McHONE, Petitioner — Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent — Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 28, 2004.


Attorney(s) appearing for the Case

ARGUED: Cynthia Francine Adcock, Chapel Hill, North Carolina, for Appellant. Valerie Blanche Spalding, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Kenneth J. Rose, Center for Death Penalty Litigation, Inc., Durham, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINS, Chief Judge, and LUTTIG and GREGORY, Circuit Judges.


Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS concurred. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

LUTTIG, Circuit Judge.

Petitioner, Steven Van McHone, appeals from the district court's denial of his 28 U.S.C. § 2254 habeas petition. In accordance with 28 U.S.C. § 2253(c), we granted McHone a certificate of appealability in order to address the claims he raises under...

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