United States Fourth Circuit

Denial and dismissal of habeas claims challenging a capital murder conviction are affirmed where: 1) substantial evidence supported the district court's finding that defendant was not mentally incompetent; and 2) defendant failed to sufficiently state a claim that he was mentally retarded under Virginia law.

Appellate Information

• Argued 10/27/2005
• Decided 03/09/2006
• Published 03/09/2006

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jennifer + Givens, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant.  Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  F. Nash Bilisoly, Vandeventer Black, L.L.P., Norfolk, Virginia, for Appellant.   Jerry W. Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellee.