United States Fourth Circuit

On a petition for writ of habeas corpus under 28 USC section 2254, the district court's judgment is: 1) reversed, insofar as it granted the petition, where the district court erred in considering the petitioner’s claim of ineffective assistance of counsel under a de novo standard of review, and the state court did not hold unreasonably that the petitioner failed to demonstrate prejudice under Strickland; and 2) affirmed, insofar as it awarded summary judgment against the petitioner on his claims that the state withheld exculpatory evidence from him before trial, and that because he was mentally retarded, his sentence of death violated the Eighth Amendment's prohibition against cruel and unusual punishments.

Appellate Information

• Decided 02/06/2012
• Published 02/06/2012

Judges

• Barbara Milano Keenan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Jonathan Porter Babb, Sr., Stanley F. Hammer