United States Fourth Circuit

The District Court's grant of habeas relief, vacating petitioner's death sentence on the grounds that his trial attorneys were ineffective for failing to raise the claim under Atkins v. Virginia, 536 U.S. 304 (2002), is affirmed where nothing in recent Supreme Court decisions calls into question the reasoning in Winston v. Kelly (Winston I), 592 F.3d 535, 553 (4th Cir. 2010), which permits the court to review petitioner's ineffectiveness claim using a de novo standard.

Appellate Information

• Decided 06/26/2012
• Published 06/26/2012

Judges

• DIAZ

Court

• United States Fourth Circuit

Counsel