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CAGLE v. BRANKER

No. 07-6.

520 F.3d 320 (2008)

Richard Eugene CAGLE, Petitioner-Appellant, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina; Theodis Beck, Secretary, North Carolina Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 17, 2008.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Widen-House & Fialko, Chapel Hill, North Carolina; Thomas Franklin Loflin, III, Loflin & Loflin, Durham, North Carolina, for Appellant. Steven Mark Arbogast, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

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

OPINION

WILKINSON, Circuit Judge:

Richard Cagle, a North Carolina prisoner convicted of murder and sentenced to death, appeals the district court's dismissal of his petition for a writ of habeas corpus. He claims that the absence of a key witness, ineffective assistance of counsel as to a motion to sever, ineffective assistance of counsel...

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