Cagle v. Branker, 4th Cir. Mar. 17, 2008
07-6 Cagle v. Branker
Eastern District of North Carolina 5:02-hc-00666-H Malcolm J. Howard
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
WILKINSON, Circuit Judge: Richard Cagle, a North Carolina prisoner convicted of murder and sentenced to death, appeals the district court’s dismissal of his petition for a writ of habeas corpus. He claims that the absence of a key witness, ineffective assistance of counsel as to a motion to sever, ineffective assistance of counsel as to mitigation, and the lack of a jury instruction as to voluntary intoxication deprived him of a fair trial and sentence. Having reviewed his claims with care, we find them to be without merit and affirm the district court. … Cagle v. Branker.
