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SCHMITT v. TRUE

No. Civ.A.3:02 CV 953.

387 F.Supp.2d 622 (2005)

John Yancey SCHMITT, Petitioner, v. William Page TRUE, Warden, Sussex I State Prison, Respondent.

United States District Court, E.D. Virginia, Richmond Division.

September 15, 2005.

Attorney(s) appearing for the Case

Barbara L. Hartung, Richmond, VA, David James Sensenig, Dana Johannes Finberg, Leclair Ryan PC, Richmond, VA, for Petitioner.

Robert Quentin Harris, Office of the Attorney General, Richmond, VA, for Respondent.

Warren Von Schuch, Office of the Commonwealth's Attorney, Chesterfield, VA, for Interested Party.

MEMORANDUM OPINION

PAYNE, District Judge.

Pursuant to 28 U.S.C. § 2254, John Yancey Schmitt, a Virginia state prisoner who has been sentenced to death, filed a petition for a writ of habeas corpus challenging his conviction in the Circuit Court for the County of Chesterfield for capital murder and the ensuing death sentence. In a Memorandum Opinion (Docket No. 80) issued on January 21, 2005, all of Schmitt's claims for habeas relief were rejected except...

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