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CLANTON v. BAIR

Nos. 86-4002 to 86-4004.

826 F.2d 1354 (1987)

Earl CLANTON, Plaintiff-Appellee, v. Toni V. BAIR, Warden; Attorney General of the State of Virginia, Defendants-Appellants (Two Cases). Earl CLANTON, Plaintiff-Appellant v. Toni V. BAIR, Warden; Attorney General of the State of Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 20, 1987.

Attorney(s) appearing for the Case

Thomas Drummond Bagwell, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Va., Richmond, Va., on brief), for defendants-appellants.

William Benjamin Moffitt (Thomas Rawles Jones, Jr., Lisa Bondareff Kemler, Moffitt & Jones, Alexandria, Va., on brief), for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Clanton, a prisoner of the Commonwealth of Virginia under a sentence of death for capital murder, sought a federal writ of habeas corpus. There were many allegations of deficiencies in the representation provided by his trial lawyer. The district court rejected most of them facially, but conducted a hearing with respect to two of them. It then granted the writ upon the ground of inadequate preparation of the trial lawyer for the sentencing...

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