United States Fourth Circuit

Petition for writ of habeas corpus under 28 U.S.C. section 2254 denied, where there was no evidence: 1) which negated the element of premeditation and deliberation; and 2) that the prosecutor's closing arguments at sentencing violated the defendant's Fifth Amendment right to remain silent, or his due process rights.

Appellate Information

• Decided 10/23/2002
• Published 10/23/2002

Judges

• Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Hood Hale, Jr., Raleigh, North Carolina;  Rosemary Godwin, Raleigh, North Carolina, for Appellant.  Barry Steven McNeill, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.