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LAWRENCE v. BRANKER

Nos. 07-2, 07-4.

517 F.3d 700 (2008)

Jimmie Wayne LAWRENCE, Petitioner-Appellee, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant. Jimmie Wayne Lawrence, Petitioner-Appellant, v. Gerald J. Branker, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2008.

Attorney(s) appearing for the Case

ARGUED: Sandra Wallace-Smith, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellant/Cross-Appellee. Bruce Tracy Cunningham, Jr., Southern Pines, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellant/Cross-Appellee. Amanda S. Zimmer, Law Office of Bruce T. Cunningham, Jr., Southern Pines, North Carolina, for Appellee/Cross-Appellant.

Before WILLIAMS, Chief Judge, and MOTZ and KING, Circuit Judges.

Affirmed in part; reversed in part by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge KING joined.

OPINION

WILLIAMS, Chief Judge:

A North Carolina jury convicted Petitioner Jimmie Wayne Lawrence of first-degree murder, burglary, kidnapping, conspiracy to commit kidnapping, and conspiracy to commit murder. The jury sentenced Lawrence to death for the first-degree murder conviction. Thereafter, Lawrence unsuccessfully...

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