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BUSH v. LEGURSKY

No. 91-7663.

966 F.2d 897 (1992)

Phillip Reese BUSH, Petitioner-Appellee, v. Carl LEGURSKY, Warden, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1992.

Attorney(s) appearing for the Case

Teresa Abigail Tarr, Asst. Atty. Gen. (Mario J. Palumbo, Atty. Gen., on brief), Charleston, W.Va., for respondent-appellant.

Jeffrey W. Shaw, Third Year Law Student (Harold J. Krent, Roger C. Diseker, Mary E. Healy, Mark F. Mendelsohn, on brief), Post Conviction Assistance Project, University of Virginia School of Law, Charlottesville, Va., for petitioner-appellee.

Before HALL and LUTTIG, Circuit Judges, and BLATT, Senior United States District Judge for the District of South Carolina, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

The warden of the West Virginia Penitentiary appeals an order of the district court granting appellee Phillip Bush's petition for a writ of habeas corpus. We reverse and remand.

I.

This case returns us once more to the saga of West Virginia's so called Alexander1 alibi instruction.

Bush was charged with the homicide of two persons in Fairmont, West Virginia, in...

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