United States Fourth Circuit

Ineffective assistance of counsel claim was not unreasonably rejected where based on alleged failure to present mitigating evidence, concession of the existence of aggravating circumstances, and reliance on jury nullification based on moral opposition to the death penalty.

Appellate Information

• Argued 04/03/2002
• Decided 05/23/2002
• Published 05/23/2002

Judges

• Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  D. Stuart Meiklejohn, New York, New York, for Petitioner-Appellant.  Gerald Patrick Murphy, Special Deputy Attorney General, North Carolina Department Of Justice, Raleigh, North Carolina, for Respondent-Appellee.   ON BRIEF:  Steven L. Holley, Richard C. Pepperman, II, Brent J. McIntosh, New York, New York;  James R. Parish, Fayetteville, North Carolina, for Petitioner-Appellant.  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Respondent-Appellee.