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BURR v. JACKSON

No. 20-5.

19 F.4th 395 (2021)

John Edward BURR, Petitioner-Appellant, v. Denise JACKSON, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2021.

Attorney(s) appearing for the Case

ARGUED: James P. Cooney, III , WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina, for Appellant. Kimberly Nicole Callahan , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Ernest Lee Conner, Jr. , Greenville, North Carolina, for Appellant. Joshua H. Stein , Attorney General, L. Michael Dodd , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge WILKINSON and Judge HARRIS joined.

Petitioner John Edward Burr was convicted after a 1993 trial for the 1991 murder of infant Tarissa Sue O'Daniel, known to her family as "Susie." He was sentenced to death. In the decades since, Burr has pursued habeas remedies before the state and federal courts, including this Court. But this appeal concerns a narrow question...

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