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LONGWORTH v. OZMINT

No. 04-4.

377 F.3d 437 (2004)

Richard LONGWORTH, Petitioner-Appellant, v. Jon E. OZMINT, Commissioner, South Carolina Department of Corrections; Henry McMaster, Attorney General, State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2004.

Attorney(s) appearing for the Case

ARGUED: David Grant Belser, Belser & Parke, Asheville, North Carolina, for Appellant.

Donald John Zelenka, Chief Deputy Attorney General, Office Of The Attorney General Of South Carolina, Columbia, South Carolina, for Appellees.

ON BRIEF: Tanya L. Davis, Blue Hill, Maine, for Appellant.

Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Office Of The Attorney General Of South Carolina, Columbia, South Carolina, for Appellees.

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge GREGORY joined.

OPINION

NIEMEYER, Circuit Judge:

In 1991, Richard Longworth was convicted in a South Carolina state court for the murders of Alex Hopps and James Greene, employees of a Spartanburg, South Carolina movie theater that Longworth and an associate robbed. Longworth was sentenced to death. Following direct appeals and petitions for post-conviction...

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