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BARNES v. THOMAS

No. 18-0005.

938 F.3d 526 (2019)

William Leroy BARNES, Petitioner-Appellant, v. Edward THOMAS, Warden, Central Prison, Raleigh, North Carolina, Respondent - Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 12, 2019.

Attorney(s) appearing for the Case

ARGUED: M. Gordon Widenhouse, Jr. , RUDOLF WIDENHOUSE, Chapel Hill, North Carolina, for Appellant. Jonathan Porter Babb, Sr. , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: George B. Currin , Asheville, North Carolina, for Appellant. Joshua H. Stein , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Thacker joined. Judge Agee wrote a separate dissenting opinion.

More than 20 years ago, Petitioner William Leroy Barnes was convicted of murder in North Carolina state court and sentenced to death. Following the trial, Barnes sought to overturn his death sentence, claiming that during sentencing deliberations, a juror improperly consulted with her pastor about whether she could vote to...

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