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WILLIAMS v. OZMINT

Nos. 06-16, 06-17.

494 F.3d 478 (2007)

Luke A. WILLIAMS, III, Petitioner-Appellee, v. Jon OZMINT, Commissioner, South Carolina Department of Corrections, Respondent-Appellant. Luke A. Williams, III, Petitioner-Appellant, v. Jon Ozmint, Commissioner, South Carolina Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2007.

Attorney(s) appearing for the Case

ARGUED: Donald John Zelenka, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Jon Ozmint, Commissioner, South Carolina Department of Corrections. David Isaac Bruck, Washington & Lee University, School of Law, Lexington, Virginia, for Luke A. Williams, III. ON BRIEF: Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Derrick K. McFarland, Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Jon Ozmint, Commissioner, South Carolina Department of Corrections. Keir M. Weyble, Columbia, South Carolina, for Luke A. Williams, III.

Before NIEMEYER and MICHAEL, Circuit Judges, and WILKINS, Senior Circuit Judge.

Reversed in part and affirmed in part by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Senior Judge WILKINS joined.

OPINION

MICHAEL, Circuit Judge:

Luke A. Williams, III, was convicted and sentenced to death in South Carolina state court for the 1991 murders of his wife and son. The Supreme Court of South Carolina affirmed his conviction and sentence and later denied his application for post-conviction relief. Thereafter...

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