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IN RE STEWART

No. 21-278.

78 F.4th 690 (2023)

IN RE: Weldon W. STEWART, Jr., Movant.

United States Court of Appeals, Fourth Circuit.

Decided: August 21, 2023.

Attorney(s) appearing for the Case

ARGUED: Ciara Barone , Walker Fortenberry , UNIVERSITY OF VIRGINIA LAW SCHOOL, Charlottesville, Virginia, for Movant. Melody Jane Brown , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Respondent. ON BRIEF: Dawinder Sidhu , HOPWOOD & SINGHAL PLLC, Potomac, Maryland, for Movant. Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Respondent.

Motion denied by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Harris joins. Judge Gregory concurs in part and in the judgment.

A South Carolina jury convicted Weldon Stewart of voluntary manslaughter concerning the death of his girlfriend. Almost 20 years later—following three rounds of collateral litigation in state court and one 28 U.S.C. § 2254 habeas petition in federal court—Stewart seeks permission to file a second &...

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