STOCKTON v. COM. OF VA.

Nos. 87-4002(L), 87-4003.

852 F.2d 740 (1988)

Dennis Waldon STOCKTON, Petitioner-Appellee, v. COMMONWEALTH OF VIRGINIA; Edward W. Murray, Director, Virginia Department of Corrections, Respondents-Appellants. Dennis Waldon STOCKTON, Petitioner-Appellant, v. COMMONWEALTH OF VIRGINIA; Edward W. Murray, Director, Virginia Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1988.


Attorney(s) appearing for the Case

Frank Snead Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Virginia B. Theisen, Asst. Atty. Gen., Richmond, Va., on brief), for respondent-appellant Commonwealth of Virginia et al.

Louis Martin Bograd (Donald G. Frankel, Kevin S. Marks, Joseph G. Poluka, Pamela K. Chen, Arnold & Porter, Washington, D.C., on brief), for petitioner-appellee Stockton.

Before WIDENER, ERVIN and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

Dennis Stockton was tried before a jury in the Circuit Court of Patrick County, Virginia, for the murder for hire of Kenneth Arnder. The guilt phase of Stockton's trial lasted for two days and, on March 23, 1983, the jury found him guilty of capital murder. The sentencing phase of the trial took place the following day. The jury recommended that Stockton be sentenced to death.

Stockton petitioned for federal habeas relief pursuant...

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