Lewis Turner Bond, Jr., A/K/A Omar Ameen Hameen v. Raymond K. Procunier, Director of the Virginia Department of Corrections

I join in holding that Lewis Bond was not prejudiced by the challenged jury instruction. See United States v. Frady, 456 U.S. 152, 169-74, 102 S.Ct. 1584, 1595-97, 71 L.Ed.2d 816 (1982). I dissent from the denial of Bond’s request for an evidentiary hearing to determine whether the prosecution withheld exculpatory material. I would probe more deeply into the circumstances of Michael Brown’s death.

I

In his pro se petition, Bond alleges that a police officer overheard Edward Roberts confess to the crime for which Bond has been convicted. Bond also alleges that the police tape recorded an…