United States Fourth Circuit

Grant of habeas relief to condemned inmate, vacating death sentence, is reversed where: 1) the state court reasonably applied Strickland in rejecting petitioner's claim that his counsel was ineffective for not appealing the use of his burglary conviction as an aggravator; 2) another of his ineffective-assistance claims is procedurally defaulted; and 3) his due-process claims relating to the adjudication of his state post-conviction motion are not cognizable on federal habeas review.

Appellate Information

• Decided 02/22/2008
• Published 02/22/2008

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sandra Wallace-Smith, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellant/Cross-Appellee.  Bruce Tracy Cunningham, Jr., Southern Pines, North Carolina, for Appellee/Cross-Appellant.   ON BRIEF:  Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellant/Cross-Appellee.  Amanda S. Zimmer, Law Office of Bruce T. Cunningham, Jr., Southern Pines, North Carolina, for Appellee/Cross-Appellant.