Cagle v. Branker, 07-6
Dismissal of a petition for writ of habeas corpus in a death penalty case is affirmed over claims that: 1) the absence of newly available evidence from a key witness undermined the jury's capital sentence and entitled petitioner to a new sentencing proceeding; 2) his attorneys' motion to sever constituted ineffective assistance of counsel; 3) his attorneys' approach to mitigation during penalty phase of trial also constituted ineffective assistance; and 4) the lack of a jury instruction as to voluntary intoxication deprived him of a fair trial and sentence.
- Decided 03/17/2008
- Published 03/17/2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
United States Fourth Circuit
ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Widen-House & Fialko, Chapel Hill, North Carolina; Thomas Franklin Loflin, III, Loflin & Loflin, Durham, North Carolina, for Appellant. Steven Mark Arbogast, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.