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BAUBERGER v. HAYNES

No. 09-8111.

632 F.3d 100 (2011)

William Thomas BAUBERGER, Petitioner-Appellee, v. Grady J. HAYNES, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Clarence Joe De Forge, III , North Carolina Department of Justice, Raleigh, North Carolina, for Appellant. David L. Neal , Hillsborough, North Carolina, for Appellee. ON BRIEF: Roy Cooper , Attorney General of the State of North Carolina, Raleigh, North Carolina, for Appellant.

Reversed and remanded by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge MOTZ joined. Senior Judge KEITH wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

William Thomas Bauberger was convicted of second-degree murder and assault with a deadly weapon inflicting serious injury after he drove his car the wrong way down an exit ramp, killing one person and wounding another. Bauberger unsuccessfully challenged his murder conviction in state court after learning that the jurors read dictionary definitions of several words in the judge's instructions.

Bauberger then sought...

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