Edward B. Fitzgerald v. Charles E. Thompson, Warden

OPINION

WILKINSON, Circuit Judge:

Appellant Edward B. Fitzgerald seeks habeas corpus relief tinder 28 U.S.C. § 2254 from his conviction and sentencing for capital murder, armed robbery, rape, abduction with intent to defile, and burglary. Finding no error in the district court’s decision to dismiss Fitzgerald’s petition, we affirm its judgment.

I

On the night of November 13, 1980, Fitzgerald and Daniel Johnson broke into a home where their acquaintance Patricia Cubbage was staying. Earlier that night, Fitzgerald had complained that Cubbage had “ripped him off.” Once in the home, Fitzgerald…