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CONNER v. POLK

No. 04-23.

407 F.3d 198 (2005)

Jerry Wayne CONNER, Petitioner-Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Kenneth Justin Rose, Center For Death Penalty Litigation, Inc., Durham, North Carolina, for Appellant. Steven Mark Arbogast, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Mark J. Kleinschmidt, Center For Death Penalty Litigation, Inc., Durham, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

Before LUTTIG, KING, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the majority opinion, in which Judge SHEDD joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

In April 1991, Jerry Wayne Conner was convicted by a jury in the Superior Court of Gates County, North Carolina, for the first-degree murders of Minh Linda Luong Rogers ("Minh") and her sixteen-year old daughter, Linda Minh Rogers ("Linda...

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