SANFORD v. CLARKE

No. 20-6712.

52 F.4th 582 (2022)

Arthur Lee SANFORD, Petitioner-Appellant, v. Harold W. CLARKE, Dir.; Virginia DOC, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 3, 2022.


Attorney(s) appearing for the Case

ARGUED: Daniel Scott Harawa , WASHINGTON UNIVERSITY SCHOOL OF LAW, St. Louis, Missouri, for Appellant. Leanna Catherine Minix , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Sara Hubaishi , Student Counsel, Drew Smith , Student Counsel, Lauren Speer , Student Counsel, Appellate Clinic, WASHINGTON UNIVERSITY SCHOOL OF LAW, St. Louis, Missouri, for Appellant. Mark R. Herring , Attorney General, K. Scott Miles , Deputy Attorney General, Donald E. Jeffrey III , Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Niemeyer and Judge Diaz join.


Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts requires the state, in responding to a 28 U.S.C. § 2254 petition, to attach to its answer the portions of the state court transcripts it deems relevant. It also requires the state to include...

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