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JUNIPER v. DAVIS

No. 21-9.

74 F.4th 196 (2023)

Anthony Bernard JUNIPER, Petitioner-Appellant, v. Melvin C. DAVIS, Warden, Wallens Ridge State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 19, 2023.

Attorney(s) appearing for the Case

ARGUED: Arianna Helene Zoghi , VIRGINIA CAPITAL REPRESENTATION RESOURCE CENTER, Charlottesville, Virginia, for Appellant. Kevin Michael Gallagher , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Robert Lee , Elizabeth Peiffer , VIRGINIA CAPITAL REPRESENTATION RESOURCE CENTER, Charlottesville, Virginia, for Appellant. Jason S. Miyares , Attorney General, Charles H. Slemp, III , Chief Deputy Attorney General, Andrew N. Ferguson , Solicitor General, Erika L. Maley , Principal Deputy Solicitor General, M. Jordan Minot , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Diaz and Judge Gregory joined.

This habeas case returns to us after a remand for an evidentiary hearing. Petitioner Anthony Juniper argues that the Commonwealth of Virginia's1 suppression of evidence and knowing presentation of false or misleading testimony were cumulatively material...

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