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VINSON v. TRUE

No. 04-29.

436 F.3d 412 (2006)

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.

Amended Opinion Filed February 1, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew Leland Engle, Virginia Capital Representation Resource Center, 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., Virginia Capital Representation Resource Center, 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.

OPINION

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

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