WALKER v. KELLY

No. 08-11.

589 F.3d 127 (2009)

Darick Demorris WALKER, Petitioner-Appellant, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 16, 2009.


Attorney(s) appearing for the Case

ARGUED: Danielle Spinelli, Wilmerhale, Washington, D.C., for Appellant. Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Craig Goldblatt, Heather M. Zachary, D. Hien Tran, Annie L. Owens, Wilmerhale, Washington, D.C., 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 by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge SHEDD joined. Judge GREGORY wrote a dissenting opinion.


OPINION

TRAXLER, Chief Judge:

Darick Demorris Walker was convicted of capital murder in the deaths of Stanley Beale and Clarence Threat and sentenced to death.1 In this, his fourth appearance before this court during federal habeas proceedings, Walker challenges the district court's order rejecting, after a full evidentiary hearing, his claim under Brady v. Maryland, 373 U.S. 83, 83 S.Ct...

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