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LENZ v. TRUE

No. 7:04CV00347.

370 F.Supp.2d 446 (2005)

Michael William LENZ, Petitioner, v. William Page TRUE, Warden, Sussex I State Prison, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

May 20, 2005.

Attorney(s) appearing for the Case

Jennifer L. Givens, Virginia Capital Representation Resource Center, Charlottesville, VA, and James C. Turk, Jr., Stone Harrison & Turk, P.C., Radford, VA, for Petitioner.

Paul C. Galanides, Assistant Attorney General of Virginia, Richmond, VA, for Respondent.

OPINION

JONES, Chief Judge.

Petitioner Michael William Lenz, an inmate at a Virginia correctional facility, was convicted in state court of the capital murder of a fellow inmate and sentenced to death. After unsuccessfully challenging his conviction and the imposition of the death penalty both on direct appeal and in state collateral proceedings, Lenz now petitions for a writ of habeas corpus pursuant to 28 U.S.C.A. § 2254 (West 1994 & Supp.2004...

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