United States Fourth Circuit

In a capital habeas matter, the denial of the habeas petition is affirmed where: 1) a previously undisclosed ballistics report did not exculpate petitioner, given its inconclusive language; 2) petitioner's counsel did not perform ineffectively by failing to prevent him from representing himself, as he represented himself for only two days during the government's presentation of its case, and his defense attorneys were heavily involved as standby counsel; and 3) petitioner waived his right to present expert mitigation evidence.

Appellate Information

• Decided 08/07/2009
• Published 08/07/2009

Judges

• Before:  MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan P. Sheldon, Devine, Connell & Sheldon, PLC, Fairfax, Virginia, for Appellant.  Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  James G. Connell, III, Devine, Connell & Sheldon, PLC, Fairfax, Virginia;  Nathaniel H. Akerman, Joseph Perkovich, Dorsey & Whitney LLP, New York, New York, for Appellant.  William C. Mims, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.