United States Fourth Circuit

District court's denial of habeas relief by a defendant convicted of capital murder and sentenced to death is affirmed in part, vacated in part, and remanded where: 1) with respect to Atkins and Atkins-related claims, decision of the district court is vacated and remanded as it was error for the district court to refuse to consider evidence of defendant's mental retardation because the evidence does not fundamentally alter defendant's claims and because habeas counsel was diligent in searching for it; and 2) district court's denial of defendant's ineffective assistance claims for both the guilt and sentencing phases, and jury instruction claim are affirmed.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Jennifer Leigh Givens, Federal Community Defender's Office, Philadelphia, Pennsylvania, for Appellant. Steven Andrew Witmer, Office of the Attorney GEneral of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: James H. Moreno, Federal Community Defender's Office, Philadelphia, Pennsylvania, for Appellant. William C. Mims, Attorney General, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.