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WADDELL v. DEPARTMENT OF CORRECTION

No. 11-7234.

680 F.3d 384 (2012)

Larry WADDELL, Petitioner-Appellant, v. DEPARTMENT OF CORRECTION; Reuben Franklin Young; Herbert Jackson, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Sarah Jessica Farber , North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellant. Mary Carla Hollis , Clarence Joe Del-Forge, III , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Vernetta Alston , Mary S. Pollard , North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellant. Roy Cooper , Attorney General, Raleigh, North Carolina for Appellees.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge AGEE joined.

OPINION

KING, Circuit Judge:

In 1975, petitioner Larry Waddell was convicted of first-degree murder in the Superior Court of Mecklenburg County, North Carolina, and sentenced to be executed. His death sentence was vacated by the Supreme Court of the United States in 1976, and later that year Waddell was resentenced to life imprisonment. In 2010, Waddell sought habeas corpus relief in the Western District of North Carolina pursuant to 28 U.S.C. § 2254...

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