United States Fourth Circuit

Appeal from denial of habeas petition under 28 U.S.C. section 2255 as to guilt, and vacation of capital sentence after finding ineffective assistance of counsel during sentencing phase of trial, is dismissed for lack of jurisdiction as the court's judgment is not final and appealable until petitioner is granted the appropriate remedy below.

Appellate Information

• Argued 01/31/2006
• Decided 08/16/2006
• Published 08/16/2006

Judges

• Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Amy Leigh Austin, Assistant Federal Public Defender, Gerald Thomas Zerkin, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Richard Thomas Stitt.   Thomas Ernest Booth, United States Department of Justice, Criminal Division, Washington, D.C., for the United States.   ON BRIEF:  Frank W. Dunham, Jr., Federal Public Defender, Alexandria, Virginia;  Jeffrey L. Stredler, Williams Mullen, Norfolk, Virginia, for Richard Thomas Stitt.   Paul J. McNulty, United States Attorney, Howard J. Zlotnik, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States.