United States Fourth Circuit

Dismissal of habeas corpus petition challenging conviction of capital murder in the commission of robbery, rape, and forcible sodomy, and death sentence, is affirmed over petitioner's claims that: 1) he received ineffective assistance of counsel in violation of his Sixth Amendment rights; 2) the government failed to disclose information favorable to him in violation of Brady: and 3) his execution is unconstitutional under Atkins.

Appellate Information

• Argued 11/30/2005
• Decided 03/31/2006
• Published 03/31/2006

Judges

• Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Edward Lee, Jr., Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant.  Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  James O. Broccoletti, Zoby & Broccoletti, Norfolk, Virginia, for Appellant. Judith Williams Jagdmann, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Robert Q. Harris, Senior Assistant Attorney General, Richmond, Virginia, for Appellee.