Timothy Scott Sherman v. William L. Smith, Warden, Maryland House of Correction-Annex John Joseph Curran, Attorney General for the State of Maryland

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges ERVIN and MICHAEL joined. Judge MOTZ wrote a concurring and dissenting opinion.

OPINION

WILKINSON, Chief Judge:

We granted en banc review in this case to consider whether the district court properly denied Timothy Sherman’s petition for a writ of habeas corpus. In 1988, a state jury convicted Sherman of killing his mother and adopted father, Ann and Stevenson…