GILLIAM v. SEALEY

No. 18-1366, No. 18-1402.

932 F.3d 216 (2019)

J. Duane GILLIAM, Guardian of the Estate of Leon Brown; Raymond C. Tarlton, Guardian Ad Litem for Henry Lee McCollum, Plaintiffs-Appellees, and Henry Lee McCollum; Leon Brown; Geraldine Brown Ransom, Guardian of Leon Brown; Kimberly Pinchbeck, as limited guardian and conservator of the estate of Henry Lee McCollum, Plaintiffs, v. Kenneth SEALEY, both individually and in his official capacity as the Sheriff of Robeson County; Robert E. Price, Administrator C.T.A. of the Estate of Joel Garth Locklear, Sr., Defendants-Appellants, and Robeson County; Town of Red Springs; Kenneth Snead; Joel Garth Locklear; Larry Floyd; Leroy Allen; Estate of Luther Haggins; Geraldine Britt Haggins, as Administratix/Executrix of the Estate of Luther Haggins; Paul Canady, Administrator C.T.A. of the Estate of Luther Haggins; Fayetteville Observer-Times; Associated Press; WTVD Television LLC; Charlotte Observer, Defendants. J. Duane Gilliam, Guardian of the Estate of Leon Brown; Raymond C. Tarlton, Guardian Ad Litem for Henry Lee McCollum, Plaintiffs-Appellees, and Henry Lee McCollum; Leon Brown; Geraldine Brown Ransom, Guardian of Leon Brown; Kimberly Pinchbeck, as limited guardian and conservator of the estate of Henry Lee McCollum, Plaintiffs, v. Kenneth Snead; Leroy Allen, Defendants-Appellants, and Robeson County; Town of Red Springs; Kenneth Sealey, both individually and in his official capacity as the Sheriff of Robeson County; Joel Garth Locklear; Larry Floyd; Estate of Luther Haggins; Geraldine Britt Haggins, as Administratix/Executrix of the Estate of Luther Haggins; Paul Canady, Administrator C.T.A. of the Estate of Luther Haggins; Robert E. Price, Administrator C.T.A. of the Estate of Joel Garth Locklear, Sr.; Fayetteville Observer-Times; Associated Press; WTVD Television LLC; Charlotte Observer, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 30, 2019.


Attorney(s) appearing for the Case

ARGUED: James R. Morgan Jr. , WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellants. Catherine E. Stetson , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees. ON BRIEF: Bradley O. Wood , WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellants K. Sealey and R. Price. Joshua H. Stein , OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina; Matthew W. Sawchak , Brian D. Rabinovitz , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants K. Snead and L. Allen. E. Desmond Hogan , Kirti Datla , David W. Maxwell , Elizabeth C. Lockwood , Matthew J. Higgins , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Niemeyer joined. Judge Richardson wrote a separate opinion concurring in part and dissenting in part.


This case stems from the wrongful conviction of two brothers, both teenaged boys with severe intellectual disabilities, for the rape and murder of an 11 year old girl in 1983. Henry McCollum and Leon Brown ("Appellees") spent 31 years in prison and on death row1...

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