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GARDNER v. OZMINT

No. 06-28.

511 F.3d 420 (2007)

Joseph M.L. GARDNER, Petitioner-Appellant, v. Jon OZMINT, Commissioner, South Carolina Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2007.

Attorney(s) appearing for the Case

ARGUED: Keir Michael Weyble, Blume, Weyble & Norris, L.L.C., Columbia, South Carolina, for Appellant. William Edgar Salter, III, Senior Assistant Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee. ON BRIEF: John H. Blume, Cornell Law School, Ithaca, New York, for Appellant. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee.

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Joseph Gardner, convicted of murder and kidnapping and sentenced to death by a South Carolina court, appeals the district court's denial of his petition for federal habeas relief. We granted a certificate of appealability on four issues: (1) did Gardner suffer a violation of his right to a fair...

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