Edward Lee ELMORE, Petitioner-Appellant,
v.
Jon OZMINT, Director, South Carolina Department of Corrections; Henry McMaster, Attorney General, State of South Carolina, Respondents-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 22, 2010.
Decided: November 22, 2011.
Attorney(s) appearing for the Case
ARGUED: J. Christopher Jensen, Cowan, Liebowitz & Latman, PC, New York, New York, for Appellant. Donald John Zelenka, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees. ON BRIEF: Diana L. Holt, Diana Holt, LLC, Columbia, South Carolina, for Appellant. Henry D. McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees.
Reversed and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge GREGORY joined. Judge WILKINSON wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
KING, Circuit Judge:
For nearly thirty years, Edward Lee Elmore, a mentally retarded handyman, has been behind bars, mainly on South Carolina's death row, for the January 1982 murder of Dorothy Edwards, an elderly woman who had sporadically employed him. The 28 U.S.C. § 2254 petition now on appeal, however, is part of Elmore's very first effort to secure federal habeas corpus relief. The antecedent...
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