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GREEN v. FRENCH

No. 97-25.

143 F.3d 865 (1998)

Harvey Lee GREEN, Jr., Plaintiff-Appellant, v. James B. FRENCH, Warden, Central Prison, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

ARGUED: Gretchen Marie Engel, Center for Death Penalty Litigation, Durham, NC, for Appellant. Valerie Blanche Spalding, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee. ON BRIEF: Henderson Hill, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, for Appellant. Michael F. Easley, Attorney General of North Carolina, William N. Farrell, Jr., Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellee.

Before ERVIN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge BUTZNER joined. Judge ERVIN concurred separately.

OPINION

LUTTIG, Circuit Judge:

Petitioner-appellant Harvey Green, who has been sentenced to death by the state of North Carolina on two counts of first-degree felony murder, appeals the decision of the district court dismissing his petition habeas corpus. For the reasons that follow, we affirm the judgment of the...

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