United States Fourth Circuit

In a capital habeas matter, the denial of Petitioner's habeas petition is affirmed in part, where the state supreme court could have reasonably concluded that an autopsy photograph shown to the jury did not influence its deliberations, but reversed in part, where the District Court failed to address Petitioner's claim of actual innocence.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• Before KING, SHEDD, and DUNCAN, 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, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  James M. Griffin, King & Spalding, L.L.P., Washington, D.C.;  Daniel J. King, King & Spalding, L.L.P., Atlanta, Georgia, 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.