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WILSON v. FLAHERTY

No. 11-6919.

689 F.3d 332 (2012)

Eric C. WILSON, Petitioner-Appellant, v. W. Steven FLAHERTY, Superintendent, Virginia Department of State Police, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2012.

Attorney(s) appearing for the Case

ARGUED: George A. Somerville , Troutman Sanders, LLP, Richmond, Virginia, for Appellant. Virginia Bidwell Theisen , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Stephen A. Northup , Anthony F. Troy , Joshua D. Heslinga , Troutman Sanders, LLP, Richmond, Virginia, for Appellant. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Benjamin H. Katz , Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DAVIS joined. Judge DAVIS wrote a separate concurring opinion. Judge WYNN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Five years after Eric Wilson fully served his sentence for a Virginia state rape conviction, he filed this habeas corpus petition under 28 U.S.C. § 2254, challenging his conviction. To satisfy § 2254's jurisdictional requirement that he be "in custody" at the time he filed his petition, see 28 U.S.C. § 2254(a) (granting jurisdiction to the district courts to entertain "an application for a writ of habeas...

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