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BAUM v. RUSHTON

No. 07-7589.

572 F.3d 198 (2009)

Uuno Mattias BAUM, Petitioner-Appellant, v. Collie RUSHTON, Warden, McCormick Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2009.

Attorney(s) appearing for the Case

ARGUED: John Henry Blume, III, Blume, Weyble & Norris, L.L.C., Columbia, South Carolina, for Appellant. Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee. ON BRIEF: Henry D. McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge KING wrote the majority opinion, in which Judge WILKINSON joined. Judge GREGORY wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Uuno Mattias "Matt" Baum appeals from the district court's Opinion and Order of September 2007, dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. See Baum v. Rushton, No. 9:06-cv-02471 (D.S.C. Sept. 30, 2007) (the "District Court Opinion").1 In January 2001, Baum was convicted in the Court of General Sessions for Pickens County, South Carolina, of the murder of his stepfather...

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