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United States Fourth Circuit


Emmett v. Kelly, 06-14

Denial of petition for writ of habeas corpus is affirmed where petitioner was not denied the effective assistance of counsel since: 1) it was reasonable for counsel to determine that neither further interviews with family members nor juvenile counseling records would be helpful to petitioner's defense; 2) counsel's failure to hire a toxicology expert was not deficient; and 3) petitioner could not show prejudice as a result of his counsel's supposedly deficient actions.

Appellate Information

  • Argued 10/26/2006
  • Decided 01/23/2007
  • Published 01/23/2007

Judges

  • Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Matthew Leland Engle, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant.  Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  William H. Lindsey, Salem, Virginia, for Appellant.   Robert F. McDonnell, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General Of Virginia, Richmond, Virginia, for Appellee.
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