WIGGINS v. BOYETTE

No. 09-6484.

635 F.3d 116 (2011)

Rae Lamar WIGGINS, a/k/a Rae Carruth, Petitioner-Appellant, v. Bonnie BOYETTE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2011.


Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr. , Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Mary Carla Hollis, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper , Attorney General, Clarence Joe DelForge, III , Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Senior Judge KEITH joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

After a lengthy trial, a North Carolina jury convicted Rae Lamar Wiggins, a.k.a. Rae Carruth ("Carruth"),1 of conspiracy to commit the murder of his pregnant girlfriend, Cherica Adams, use of an instrument to destroy their unborn child, and discharge of a firearm into occupied property. Carruth failed to obtain reversal on appeal, see State v. Wiggins, 159 N.C. App. 252,...

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