United States Fourth Circuit

Denial of habeas petition brought by death row inmate is affirmed over petitioner's claims that: 1) he is mentally retarded making his sentence unconstitutional under the Eighth Amendment; and 2) trial counsel rendered ineffective assistance by failing to appeal his non-capital convictions after the first of his two trials.

Appellate Information

• Decided 02/11/2008
• Published 02/11/2008

Judges

• Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michele Jill Brace, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant.  Matthew P. Dullaghan, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee.   ON BRIEF:  Timothy M. Richardson, Huff, Poole & Mahoney, P.C., Virginia Beach, Virginia, for Appellant.  Robert F. McDonnell, Attorney General, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee.   James W. Ellis, Norman C. Bay, Steven K. Homer, April Land, Carol M. Suzuki, Albuquerque, New Mexico, for Amici Supporting Appellant.