ROBINSON v. POLK

No. 05-1.

438 F.3d 350 (2006)

Marcus Reymond ROBINSON, Petitioner-Appellant, v. Marvin L. POLK, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 2006.


Attorney(s) appearing for the Case

ARGUED: Kevin Patrick Bradley, Durham, North Carolina; Geoffrey Wuensch Hosford, Hosford & Hosford, P.C., Wilmington, North Carolina, for Appellant. Valerie Blanche Spalding, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, Attorney General of North Carolina, William N. Farrell, Jr., Senior Deputy Attorney General, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, KING, and SHEDD, Circuit Judges.


Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge SHEDD joined. Judge KING wrote a separate opinion dissenting in part.

WILLIAMS, Circuit Judge.

Marcus Reymond Robinson, a North Carolina death-row inmate, appeals the district court's denial of his habeas petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2005). We granted a certificate of appealability to consider two claims raised by Robinson: (1) that...

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