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WASHINGTON v. WILMORE

No. 04-1818.

407 F.3d 274 (2005)

Earl WASHINGTON, Jr., Plaintiff-Appellee, v. Curtis Reese WILMORE, Defendant-Appellant, and Kenneth H. Buraker; Charles Jones; Harlan Lee Hart; Gerald Yancey; Gary L. Close; Denny M. Slane; Terry Schrum; Luther Cox; Denny A. Zeets; Town Of Culpeper, Virginia; Fauquier County, Virginia; Mary L. Jones, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2005.

Attorney(s) appearing for the Case

ARGUED: William Gray Broaddus, McGuirewoods, L.L.P., Richmond, Virginia, for Appellant. Peter J. Neufeld, Cochran, Neufeld & Scheck, L.L.P., New York, New York, for Appellee. ON BRIEF: Brian E. Pumphrey, McGuirewoods, L.L.P., Richmond, Virginia, for Appellant. Deborah L. Cornwall, Cochran, Neufeld & Scheck, L.L.P., New York, New York; Robert T. Hall, Hall, Sickels, Frei & Kattenburg, P.C., Reston, Virginia, for Appellee.

Before WILKINS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MOTZ joined. Judge SHEDD wrote a concurring opinion.

OPINION

WILKINS, Chief Judge:

Earl Washington, Jr. brought this action against Curtis Wilmore1 and others, alleging various constitutional violations in connection with his conviction and death sentence for the rape and murder of Rebecca Lynn Williams. See 42 U.S.C.A. §...

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