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PORTER v. ZOOK

No. 16-18.

898 F.3d 408 (2018)

Thomas Alexander PORTER, Petitioner-Appellant, v. David ZOOK, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 3, 2018.

Attorney(s) appearing for the Case

ARGUED: Robert Edward Lee, Jr. , Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Matthew P. Dullaghan , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Dawn M. Davison , Virginia Capital Representation Resource Center, Charlottesville, Virginia; Trey R. Kelleter , Vandeventer Black, LLP, Norfolk, Virginia, for Appellant. Mark R. Herring , Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed in part, vacated in part and remanded with instructions by published opinion.

This death penalty case is before us for the second time. In 2007 Thomas Alexander Porter ("Appellant") was convicted in Virginia state court of capital murder for killing a Norfolk law enforcement officer, Stanley Reaves. He was sentenced to death.

After he pursued direct and collateral review in state court, Appellant...

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