STROUD v. POLK

No. 05-17.

466 F.3d 291 (2006)

ISAAC JACKSON STROUD, Petitioner-Appellant, v. MARVIN POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 2006.


Attorney(s) appearing for the Case

ARGUED: Marilyn Gerk Ozer, William F.W. Massengale, MASSENGALE & OZER, Chapel Hill, North Carolina, for Appellant.

Jonathan Porter Babb, Sr., NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.


Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Wilkinson and Judge Traxler joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

A North Carolina jury convicted Isaac Jackson Stroud of first degree murder and recommended that he be sentenced to death. Stroud challenged his conviction and resulting death sentence in state court, unsuccessfully pursuing both a direct appeal and post-conviction relief. Stroud then filed this...

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