LONG v. HOOKS

No. 18-6980.

947 F.3d 159 (2020)

Ronnie Wallace LONG, Petitioner-Appellant, v. Erik A. HOOKS, Secretary, NC Dep't of Public Safety, Respondent-Appellee. Thomas Albright, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Valena Elizabeth Beety, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Barbara E. Bierer, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; C. Michael Bowers, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Arturo Casadevall, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Jessica Gabel Cino, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Simon A. Cole, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; M. Bonner Denton, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Shari Seidman Diamond, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Rachel Dioso-Villa, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; Jules Epstein, Professor and Director Vision Center Laboratory Conrad T. Prebys Chair in Vision Research Salk Institute for Biological Studies; David L. Faigman, Professor and Director Vision Center Laboratory, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2020.


Attorney(s) appearing for the Case

ARGUED: Jamie Theodore Lau , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Clarence Joe DelForge, III , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Theresa A. Newman , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina; G. Christopher Olson , Raleigh, North Carolina, for Appellant. Joshua H. Stein , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Karen A. Newirth , THE INNOCENCE PROJECT, INC., New York, New York; Breon S. Peace , Matthew Aglialoro , Willam Segal , CLEARY GOTTLIEB STEEN & HAMILTON LLP, New York, New York, for Amicus The Innocence Project, Inc. Brandon L. Garrett, L. Neil Williams Professor of Law, DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina; Mark D. Harris , Adam W. Deitch , PROSKAUER ROSE LLP, New York, New York, for Amici Curiae.

Affirmed by published opinion. Judge Richardson wrote the majority opinion, in which Judge Niemeyer joined. Judge Thacker wrote a dissenting opinion.


Ronnie Wallace Long is serving two life sentences after a North Carolina jury convicted him of rape and burglary in 1976. Long has filed a second application for a federal writ of habeas corpus. In it, he claims that a state post-conviction court unreasonably applied Brady v. Maryland, 373 U.S. 83...

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