United States Fourth Circuit

Denial of habeas petition challenging convictions for the murder of a state trooper and a deputy sheriff is affirmed where: 1) the Supreme Court of North Carolina did not unreasonably apply the clearly established federal law of Batson v. Kentucky, 476 U.S. 79 (1986); and 2) any unreasonable application of Miranda v. Arizona, 384 U.S. 43 (1966), and Edwards v. Arizona, 451 U.S. 477 (1981), did not have a substantial and injurious effect on the jury verdict.

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

• Before WILLIAMS, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Justin Rose, Center For Death Penalty Litigation, Durham, North Carolina, for Appellant.  Jonathan Porter Babb, Sr., Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Thomas H. Johnson, Jr., Gray, Johnson, Blackmon, Lee & Lawson, L.L.P., Greensboro, North Carolina, for Appellant.   Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellee.