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PETHTEL v. BALLARD

No. 09-6075.

617 F.3d 299 (2010)

Shawn PETHTEL, Petitioner-Appellant, v. Warden David BALLARD, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Steven Harris Goldblatt , Director, GEORGETOWN UNIVERSITY LAW CENTER, Appellate Litigation Program, Washington, D.C., for Appellant. Robert David Goldberg , OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for Appellee. ON BRIEF: Charlotte Garden , Supervising Attorney, Kate Bushman , Supervising Attorney, Edward W. Duffy , Student Counsel, Elena M. Romerdahl , Student Counsel, GEORGETOWN UNIVERSITY LAW CENTER, Appellate Litigation Program, Washington, D.C., for Appellant. Darrell V. McGraw, Jr. , Attorney General, Charleston, West Virginia, for Appellee.

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

OPINION

AGEE, Circuit Judge:

Shawn Pethtel ("Pethtel") appeals the judgment of the United States District Court for the Northern District of West Virginia, which denied relief on Pethtel's petition for a writ of habeas corpus (hereinafter "habeas petition") pursuant to 28 U.S.C. § 2254 (2006). For the following reasons, we affirm the judgment of the district court.

I.

In September 1999, Pethtel was charged in West Virginia with twenty...

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