United States Fourth Circuit

District court did not err in waiting until after the death notice had been filed to rule on defendants' motion to prohibit the Government from seeking the death penalty on grounds that any such notice would be too late. When the death notice was filed, nearly seven months remained until the rescheduled trial date, thus the motion was properly denied.

Appellate Information

• Argued 02/24/2004
• Decided 04/30/2004
• Published 04/30/2004

Judges

• WILLIAM W. WILKINS, Chief Judge:, Before WILKINS, Chief Judge, and WIDENER and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven David Rosenfield, Charlottesville, Virginia;  Pamela Rogers Johnson, Charlottesville, Virginia, for Appellants.   William Frederick Gould, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.   ON BRIEF:  Denise Y. Lunsford, Denise Y. Lunsford, P.C., Charlottesville, Virginia, for Appellant Breeden;  David L. Heilberg, Charlottesville, Virginia, for Appellant Cassell;  J. Lloyd Snook, III, Snook & Haughey, P.C., Charlottesville, Virginia, for Appellant Carpenter.  John L. Brownlee, United States Attorney, Timothy J. Heaphy, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.