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JAMES v. HARRISON

No. 03-6586.

389 F.3d 450 (2004)

Elwaldo R. JAMES, Petitioner-Appellant, v. Rickie HARRISON, Warden of Kershaw Correctional Institution; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2004.

Attorney(s) appearing for the Case

ARGUED: Joel Morris Bondurant, Jr., Haynsworth Sinkler Boyd, P.A., Greenville, South Carolina, for Appellant. Samuel Creighton Waters, Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees. ON BRIEF: Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellees.

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Elwaldo R. James appeals from the order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (2000). We granted a certificate of appealability with respect to James' claim that he was denied effective assistance of counsel when his attorneys failed to appear...

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