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GRAY v. ZOOK

Nos. 12-5, 14-3.

806 F.3d 783 (2015)

Ricky Jovan GRAY, Petitioner-Appellant, v. David ZOOK, Warden, Sussex I State Prison, Respondent-Appellee. Ricky Jovan Gray, Petitioner-Appellant, v. David Zook, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 25, 2015.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Hambourger, Center for Death Penalty Litigation, Durham, North Carolina; Robert Edward Lee, Jr., Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Matthew P. Dullaghan, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Jonathan P. Sheldon, Sheldon & Flood, PLC, Fairfax, Virginia; David Weiss, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Mark R. Herring, Attorney General of Virginia, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge WYNN joined. Senior Judge DAVIS wrote a separate opinion concurring in part and dissenting in part.

Ricky Jovan Gray appeals the district court's denial of his petition for a writ of habeas corpus. His appeal presents two questions. First, whether the Supreme Court of Virginia, in resolving factual disputes regarding an ineffective-assistance-of-counsel claim without an evidentiary hearing, made an "unreasonable determination...

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