No. 10-5.

642 F.3d 442 (2011)

Eugene Tyrone DeCASTRO, Petitioner-Appellant, v. Gerald BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan Lee Megerian , Megerian & Wells, Asheboro, North Carolina, for Appellant. Sandra Wallace-Smith , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Paul M. Green , Durham, North Carolina, for Appellant. Roy Cooper , Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON concurred.


WYNN, Circuit Judge:

Petitioner Eugene Tyrone DeCastro seeks habeas relief from his capital sentence for slaying Leon and Margaret Batten. Petitioner argues that he received ineffective assistance of counsel and that the State of North Carolina violated his Eighth Amendment and due process rights by presenting to the jury evidence and argument that contradicted those presented in the trials of his co-defendants. A state court denied Petitioner habeas...

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