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WASHINGTON v. MURRAY

No. 89-4013.

952 F.2d 1472 (1991)

Earl WASHINGTON, Jr., Petitioner-Appellant, v. Edward W. MURRAY, Director, Virginia Department of Corrections, Charles E. Thompson, Warden, Mecklenburg State Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1991.

As Amended December 31, 1991.

Attorney(s) appearing for the Case

Eric Freedman, Hofstra University School of Law, Hempstead, N.Y., argued (Robert T. Hall, Hall, Markle, Sickels & Fudala, P.C., Fairfax, Va., Peter Huber, Washington, D.C., on brief), for petitioner-appellant.

Linwood Theodore Wells, Jr., Asst. Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., on brief), for respondents-appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PHILLIPS, Circuit Judge:

This is an appeal by Earl Washington, a Virginia death-row inmate, from the district court's summary dismissal of his petition for habeas corpus challenging on various constitutional grounds his conviction and death sentence for capital murder following the commission of rape. We find no error in the dismissal except as to one claim of ineffective assistance of counsel respecting the failure to explore and use certain forensic...

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