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MOODY v. POLK

No. 04-21.

408 F.3d 141 (2005)

Patrick Lane MOODY, Petitioner-Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 12, 2005.

Attorney(s) appearing for the Case

ARGUED: Donald Joseph Willey, Jefferson, North Carolina, for Appellant. Edwin William Welch, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, North Carolina Attorney General, Raleigh, North Carolina, for Appellee.

Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON joined. Judge TRAXLER wrote a separate opinion concurring in the judgment.

OPINION

LUTTIG, Circuit Judge.

Appellant Patrick Lane Moody was convicted of capital murder and sentenced to death by a North Carolina state court. In a state post-conviction proceeding, Moody alleged, inter alia, that his trial counsel rendered ineffective assistance at sentencing...

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