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VINSON v. TRUE

No. 04-29.

432 F.3d 310 (2005)

Dexter Lee VINSON, Petitioner-Appellant, v. William Page TRUE, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Matthew Leland Engle, Charlottesville, Virginia, for Appellant. Katherine P. Baldwin, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Robert E. Lee, Jr., Charlottesville, Virginia; Mark E. Olive, Tallahassee, Florida, for Appellant. Judith W. Jagdmann, Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WIDENER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Judge DUNCAN joined.

DIANA GRIBBON MOTZ, Circuit Judge.

Dexter Lee Vinson appeals the denial of his federal habeas petition, in which he sought relief from a death sentence. We granted a certificate of appealability on three issues: (1) whether the district court erred in failing to hold an evidentiary hearing on Vinson's claim that his trial counsel operated under an unconstitutional...

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