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RICHARDSON v. BRANKER

Nos. 11-1, 11-2.

668 F.3d 128 (2012)

Timothy RICHARDSON, Petitioner-Appellee, v. Gerald J. BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant. Timothy Richardson, Petitioner-Appellant, v. Gerald J. Branker, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 6, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan Porter Babb, Sr. , North Carolina Department of Justice, Raleigh, North Carolina, for Appellant/Cross-Appellee. Stanley F. Hammer , Wyatt, Early, Harris & Wheeler, LLP, High Point, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Roy Cooper , Attorney General, Raleigh, North Carolina, for Appellant/Cross-Appellee. Kenneth J. Rose , Center for Death Penalty Litigation, Durham, North Carolina, for Appellee/Cross-Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, the State of North Carolina seeks reversal of the district court's judgment granting a writ of habeas corpus to Timothy Richardson. In granting the writ, the district court vacated the sentence of death imposed after Richardson's conviction for first-degree murder. The district court concluded that the state courts of North Carolina unreasonably applied the Supreme Court's holding in Strickland...

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