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HYATT v. BRANKER

No. 08-15.

569 F.3d 162 (2009)

Terry Alvin HYATT, Petitioner-Appellant, v. Gerald BRANKER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2009.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Valerie Blanche Spalding, North Carolina Hyatt V. Branker Department of justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Faith S. Bushnaq, Bushnaq Law Office, PLLC, Charlotte, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

After a North Carolina jury convicted Terry Alvin Hyatt of two counts each of murder, rape, kidnapping, and robbery, a state court sentenced him to death. Hyatt now appeals the district court's denial of his petition for federal habeas relief. Hyatt obtained a certificate of appealability as to whether the state court violated his (1) Fifth and Fourteenth Amendment rights in refusing to suppress incriminating statements...

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