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CONAWAY v. POLK

No. 04-20.

453 F.3d 567 (2006)

John Lee CONAWAY, Petitioner-Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina; North Carolina Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 2006.

Attorney(s) appearing for the Case

ARGUED: Burton Craige, Patterson Harkavy, L.L.P., Raleigh, North Carolina, for Appellant. Valerie Blanche Spalding, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: F. Marsh Smith, Southern Pines, North Carolina; Matthew Stiegler, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.

Before WIDENER, KING, and DUNCAN, Circuit Judges.

Affirmed in part and remanded in part by published opinion. Judge KING wrote the opinion, in which Judge DUNCAN joined. Judge WIDENER wrote a concurring opinion.

OPINION

KING, Circuit Judge.

John Lee Conaway appeals from the dismissal of his petition for federal habeas corpus relief with respect to his North Carolina convictions and sentences, including his two death sentences. On April 1, 2005, we granted Conaway a certificate of appealability ...

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