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YARBROUGH v. WARDEN, SUSSEX STATE PRISON

Record No. 021660.

609 S.E.2d 30 (2005)

269 Va. 184

Robert Stacy YARBROUGH v. WARDEN OF the SUSSEX I STATE PRISON.

Supreme Court of Virginia.

March 3, 2005.

Attorney(s) appearing for the Case

Jennifer L. Givens (P. Scott De Bruin; Virginia Capital Representation Resource Center; De Bruin & Layne, on brief), for petitioner.

Robert Q. Harris, Senior Asst. Atty. General (Jerry W. Kilgore, Atty. General, on brief), for respondent.

Present: All the Justices.

KEENAN, Justice.

This petition for a writ of habeas corpus was filed under our original jurisdiction. We consider whether the petitioner was denied his Sixth Amendment right to the effective assistance of counsel in a second penalty phase proceeding conducted after we remanded his capital murder case.

I. PROCEEDINGS

The petitioner, Robert Stacy Yarbrough, was convicted in a jury trial in the Circuit Court...

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