United States Fourth Circuit

In a conviction of defendant for capital murder for hire and related crimes for the murders of her husband and stepson, district court's denial of defendant's petition for habeas relief and an order granting a certificate of appealability is affirmed where: 1) the state court's adjudication of defendant's ineffective assistance of counsel claims is neither contrary to nor an unreasonable application of the applicable precedents; and 2) defendant has failed to demonstrate that counsel's failure to preserve and advise her of a possible Apprendi/Ring challenge to the constitutionality of Va. Code Ann. section 19.2-257 rises to the level of constitutionally deficient representation and has also failed to show that she was prejudiced as a result of counsel's alleged deficiencies.

Appellate Information

• Argued 03/23/2010
• Decided 06/04/2010
• Published 06/04/2010

Judges

• Before TRAXLER, Chief Judge, WILKINSON, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:James Elmer Rocap, III, Steptoe & Johnson, LLP, Washington, D.C., for Appellant. Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF:Michele J. Brace, Virginia Capital Representation Resource Center, Charlottesville, Virginia, 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.