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KANDIES v. POLK

No. 03-9.

385 F.3d 457 (2004)

Jeffrey Clayton KANDIES, Petitioner-Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 2004.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Edwin William Welch, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Matthew Stiegler, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant.

Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge GREGORY wrote a separate opinion and announced the judgment. Judge MICHAEL wrote an opinion concurring in the judgment. Judge TRAXLER wrote an opinion concurring in the judgment.

OPINION

GREGORY, Circuit Judge, writing separately in parts I, II, III, IV and announcing the judgment in part V:

Petitioner-appellant Jeffrey Clayton Kandies was sentenced to death after being found guilty by a North Carolina jury of...

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