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JENKINS v. HUTCHINSON

No. 99-6345.

221 F.3d 679 (2000)

Tyrone JENKINS, Petitioner-Appellee, v. Ronald HUTCHINSON, Warden of Maryland House of Correction; Attorney General for the State of Maryland, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 2000

Attorney(s) appearing for the Case

ARGUED: Mary Ann Rapp Ince, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Mark Lawrence Gitomer, The Law Office of Mark Gitomer, Baltimore, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants.

Before WIDENER, WILKINS, and WILLIAMS, Circuit Judges.

OPINION

WILKINS, Circuit Judge:

Tyrone Jenkins filed this petition for habeas corpus relief from his Maryland convictions for robbery with a deadly weapon, assault with intent to murder, and related weapons offenses. See 28 U.S.C.A. § 2254 (West 1994).1 The district court, having found that advisory instructions given at Jenkins' trial violated his right to due process, granted the writ, and the State

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