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MOSELEY v. BRANKER

No. 07-17.

545 F.3d 265 (2008)

Carl Stephen MOSELEY, Petitioner-Appellant, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina; North Carolina Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 3, 2008.

Attorney(s) appearing for the Case

ARGUED: Paul MacAllister Green, Durham, North Carolina, for Appellant. Valerie Blanche Spalding, North Carolina Department of Justice, Capital Litigation, Federal Habeas Corpus Section, Raleigh, North Carolina, for Appellees. ON BRIEF: Jonathan E. Broun, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge SHEDD and Judge DUNCAN concurred.

OPINION

TRAXLER, Circuit Judge:

Carl Stephen Moseley was convicted by a North Carolina jury of the capital murder of Deborah Henley and sentenced to death. After unsuccessfully challenging his conviction and sentence on direct appeal and in state post-conviction proceedings, Moseley filed a petition for writ of habeas corpus in federal district court. See 28 U.S.C.A. § 2254 (West 2006). The district court denied relief. We granted a certificate...

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