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United States Fourth Circuit


Cummings v. Polk, 06-11

Denial of death sentenced inmate's habeas petition is affirmed over claims that: 1) petitioner's due process rights were violated by the admission in his sentencing trial of evidence relating to an unadjudicated murder as a "course of conduct" aggravator; and 2) a police officer's Miranda warnings, which included the assertion that petitioner could be required to pay for an appointed lawyer, contravened his Fifth and Sixth Amendment rights.

Appellate Information

  • Argued 12/01/2006
  • Decided 02/01/2007
  • Published 02/01/2007

Judges

  • Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Jennifer Harjo, Smith, Smith & Harjo, Wilmington, North Carolina;  Nora Henry Hargrove, Wilmington, North Carolina, for Appellant.   Steven Mark Arbogast, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.   ON BRIEF:  Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.
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