United States Fourth Circuit

In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where: 1) Petitioner's second trial was not a violation of the Double Jeopardy Clause because the state charged a different gradation offense under Virginia Law in the second indictment; and 2) Petitioner's counsel was not ineffective due to counsel's failure to present certain mitigation evidence, as Petitioner showed no prejudice.

Appellate Information

• Argued 12/03/2008
• Decided 04/15/2009
• Published 04/15/2009

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan P. Sheldon, Devine, Connell & Sheldon, P.L.C., Fairfax, Virginia, for Appellant.  Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  Robert L. Jenkins, Jr., Bynum & Jenkins, P.L.L.C., Alexandria, 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.