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LEE v. CLARKE

No. 13-7914.

781 F.3d 114 (2015)

Mark E. LEE, Petitioner-Appellant, v. Harold W. CLARKE, Director, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 20, 2015.

Attorney(s) appearing for the Case

ARGUED: David Bernard Hargett , Hargett Law, PLC, Glen Allen, Virginia, for Appellant. Leah A. Darron , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Mark R. Herring , Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge WYNN joined.

Mark E. Lee ("Lee") appeals the district court's order granting the motion of the Director of the Virginia Department of Corrections ("Director") to dismiss his petition for a writ of habeas corpus. We issued a certificate of appealability to address Lee's claim that his trial counsel provided ineffective assistance by failing...

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