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FOWLER v. JOYNER

No. 13-4.

753 F.3d 446 (2014)

Elrico Darnell FOWLER, Petitioner-Appellant, v. Carlton B. JOYNER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 2, 2014.

Attorney(s) appearing for the Case

ARGUED: Mark Jason Pickett , Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Sonya M. Calloway-Durham , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Shelagh Rebecca Kenney , Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Roy Cooper , Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Judgment affirmed and motion denied by published opinion. Chief Judge Traxler wrote the opinion, in which Judge Duncan joined. Senior Judge DAVIS wrote an opinion concurring in the judgment in part and dissenting in part.

TRAXLER, Chief Judge:

Petitioner Elrico Darnell Fowler, a North Carolina death row inmate, appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We granted a certificate of appealability to consider Fowler's claim that an eyewitness's in-court identification violated his due process rights under the Fourteenth Amendment. Because the North Carolina state court's rejection of Fowler's claim was not contrary to,...

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