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HAYES v. CARVER

No. 17-7441.

922 F.3d 212 (2019)

John R. HAYES, III, Plaintiff-Appellant, v. Mark CARVER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Raquel A. Macgregor , WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Peter Andrew Regulski , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: S. Mark Rabil , Associate Clinical Professor of Law, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Joshua H. Stein , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Richardson and Judge Duncan joined.

Petitioner John R. Hayes, III, convicted of two counts of second-degree murder and sentenced to two consecutive life terms, appeals the district court's dismissal of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. We granted a certificate of appealability on his claim that he has made a showing of actual...

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