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FINCH v. McKOY

No. 17-6518.

914 F.3d 292 (2019)

Charles Ray FINCH, Petitioner-Appellant, v. Superintendent Timothy MCKOY, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2019.

Attorney(s) appearing for the Case

ARGUED: James Earl Coleman, Jr. , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Nicholaos G. Vlahos , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Nita A. Farahany , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Joshua H. Stein , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Chief Judge Gregory authored the opinion, in which Judge Keenan and Judge Floyd joined.

Petitioner Charles Ray Finch appeals the denial of his federal habeas petition. In 1976, a jury in Wilson, North Carolina convicted Finch of first-degree murder. Finch originally received a death sentence, but in 1977, the North Carolina Supreme Court commuted his sentence to life...

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