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WOLFE v. JOHNSON

No. 08-8.

565 F.3d 140 (2009)

Justin Michael WOLFE, Petitioner-Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 11, 2009.

Attorney(s) appearing for the Case

ARGUED: Michele Jill Brace, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Matthew P. Dullaghan, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: James M. Griffin, King & Spalding, L.L.P., Washington, D.C.; Daniel J. King, King & Spalding, L.L.P., Atlanta, Georgia, for Appellant. Robert F. McDonnell, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General Of Virginia, Richmond, Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge King wrote the opinion, in which Judge Shedd and Judge Duncan joined.

OPINION

KING, Circuit Judge:

Justin Michael Wolfe, convicted of capital murder and sentenced to death in Virginia, appeals from the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. We have granted Wolfe a certificate of appealability (the "COA") on four substantive claims: (1) that the jury was exposed to extraneous influences during the penalty phase deliberations (the "extraneous influence claim"); (2) that Wolfe...

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