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GOLPHIN v. BRANKER

No. 07-8.

519 F.3d 168 (2008)

Tilmon C. GOLPHIN, Petitioner-Appellant, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Kenneth Justin Rose, Center For Death Penalty Litigation, Durham, North Carolina, for Appellant. Jonathan Porter Babb, Sr., Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas H. Johnson, Jr., Gray, Johnson, Blackmon, Lee & Lawson, L.L.P., Greensboro, North Carolina, for Appellant. Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge WILKINSON and Judge MICHAEL joined.

OPINION

WILLIAMS, Chief Judge:

On September 23, 1997, at approximately 12:38 p.m., Deputy Kelly Curtis of the Cumberland County, North Carolina, Sheriff's Department arrived at Exit 52 on Interstate 95 ("I-95") near Fayetteville, North Carolina to provide backup for a traffic stop. Once at the scene, Deputy Curtis saw that Trooper...

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