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WALKER v. TRUE

No. 04-16.

399 F.3d 315 (2005)

Darick Demorris WALKER, Petitioner-Appellant, v. William Page TRUE, Warden, Sussex I State Prison, Respondent-Appellee. The Arc of Virginia, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2005.

Attorney(s) appearing for the Case

ARGUED: David William Ogden, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellant. Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: David P. Donovan, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., McLean, Virginia; Lara Ann Englund, Alison J. Nathan, Edward N. Siskel, Eric J. Hougen, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellant. Jerry W. Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellee. Paul M. Smith, Kathleen R. Hartnett, Jenner & Block, L.L.P., Washington, D.C., for Amicus Supporting Appellant.

Before LUTTIG and GREGORY, Circuit Judges, and W. Craig BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge BROADWATER joined. Judge GREGORY wrote an opinion concurring in part and dissenting in part.

OPINION

LUTTIG, Circuit Judge:

Petitioner Darick Demorris Walker was convicted of capital murder by a jury in the Circuit Court for the City of Richmond for the killings of Stanley Beale and Clarence Threat within a three-year period. J.A. 253. Consistent with the jury...

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