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ROBINSON v. THOMAS

No. 16-11, No. 16-12.

855 F.3d 278 (2017)

Marcus Reymond ROBINSON, Petitioner-Appellant, v. Edward THOMAS, Warden of Central Prison, Raleigh, North Carolina, Respondent-Appellee. Tilmon C. Golphin, Petitioner-Appellant, v. Edward Thomas, Warden of Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2017.

Attorney(s) appearing for the Case

ARGUED: David Weiss , CENTER FOR DEATH PENALTY LITIGATION, Durham, North Carolina, for Appellants. Danielle Marquis Elder , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Donald H. Beskind , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant Marcus Reymond Robinson. Kenneth J. Rose , CENTER FOR DEATH PENALTY LITIGATION, Durham, North Carolina; Jay H. Ferguson , THOMAS, FERGUSON & MULLINS, LLP, Durham, North Carolina, for Appellant Tilmon C. Golphin. Roy Cooper , Attorney General of North Carolina, Jonathan P. Babb , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge King and Judge Floyd joined.

After being sentenced to death upon first-degree murder convictions, Marcus Robinson and Tilmon Golphin (collectively, "Petitioners") sought post-conviction relief in state court pursuant to North Carolina's Racial Justice Act ("RJA"), N.C. Gen. Stat. §§ 15A-2010 to 2012 (2009) (repealed 2013). Following separate evidentiary...

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