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STEPHENS v. BRANKER

No. 08-14.

570 F.3d 198 (2009)

Davy Gene STEPHENS, Petitioner-Appellant, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan Lee Megerian, Megerian & Wells, Asheboro, North Carolina, for Appellant. Steven Franklin Bryant, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Paul M. Green, Durham, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

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

OPINION

KING, Circuit Judge:

Davy Gene Stephens appeals from the district court's dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus, which challenges his three North Carolina murder convictions and death sentences, as well as three related felony convictions and sentences. Although it denied habeas corpus relief, the district court awarded a certificate of appealability (the "COA") on Stephens's claim that the conflicting interests...

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