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HUMPHRIES v. OZMINT

No. 03-14.

366 F.3d 266 (2004)

Shawn Paul HUMPHRIES, 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.

Argued: December 4, 2003.

Decided: May 3, 2004.

Attorney(s) appearing for the Case

ARGUED: Teresa Lynn Norris, Center For Capital Litigation, Columbia, South Carolina, for Appellant. Donald John Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellees. ON BRIEF: Joseph Maggiacomo, 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 WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part; vacated and remanded in part by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN joined, and in Part IV of which Senior Judge HAMILTON joined. Senior Judge HAMILTON wrote an opinion concurring in part and dissenting in part.

OPINION

WILKINSON, Circuit Judge:

Shawn Paul Humphries received a sentence of five years for criminal conspiracy, twenty years for attempted armed robbery, and death for the murder...

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