United States Fourth Circuit

Order to vacate death sentence, based on conviction of three capital murders, is affirmed where defense counsel labored under an actual conflict of interest that adversely affected representation of defendant during penalty phase and failed to ask the court to appoint an expert qualified to testify about defendant's propensity for future dangerousness.

Appellate Information

• Argued 01/31/2006
• Decided 03/24/2006
• Published 03/24/2006

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.