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ALLEN v. LEE

No. 02-5.

366 F.3d 319 (2004)

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: April 28, 2004.

Attorney(s) appearing for the Case

ARGUED: John Richard Rittelmeyer, Hartzell & Whiteman, L.L.P., Raleigh, North Carolina, for Appellant. Jonathan Porter Babb, Sr., Special Deputy Attorney General, Steven Franklin Bryant, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Gretchen M. Engel, 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 WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Affirmed in part and dismissed in part by published opinion. Judge GREGORY wrote the opinion for the court in Parts I, II, III, and IV, in which Chief Judge WILKINS and Judges WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, and SHEDD joined. Judge LUTTIG wrote a separate opinion concurring in the judgment entered in those parts. Judge NIEMEYER wrote the opinion for the court in Part V, in which Chief Judge WILKINS and Judges WILKINSON, WILLIAMS, TRAXLER, and...

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