DEYTON v. KELLER

No. 11-7389.

682 F.3d 340 (2012)

Josiah Jacob DEYTON; Andrew Ryan Deyton; Jonathan Neil Koniak, Petitioners-Appellants, v. Alvin William KELLER, Jr., Secretary of NCDOC; Landar Corpening, Superintendent of Foothills Correctional, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2012.


Attorney(s) appearing for the Case

ARGUED: Mary Sheehan Pollard , North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellants. Clarence Joe DelForge, III , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Hoang V. Lam , North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellants. Roy Cooper , Attorney General, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge AGEE and Judge HUDSON joined.


OPINION

WILKINSON, Circuit Judge:

Petitioners appeal from the district court's denial of habeas corpus relief. They contend that, at their sentencing for armed robbery of the Sunday worship services at a North Carolina church, the state trial judge impermissibly made references to religion, thereby violating their rights to due process. But the defendants' choice to target a church during weekly services imbued their crime with an undeniably religious character...

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