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WALKER v. TRUE

No. 04-22.

401 F.3d 574 (2005)

Darick Demorris WALKER, Petitioner-Appellant, v. Page TRUE, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Edward Nathan Siskel, WILMER, CUTLER, PICKERING, HALE & DORR, L.L.P., Washington, D.C., for Appellant. Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. On Brief: David P. Donovan, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Mclean, Virginia; David W. Ogden, Lara Ann Englund, Eric J. Hougen, Kurt W. Meyers, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellant. Jerry W. Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge WILLIAMS joined. Judge GREGORY wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Appellant Darick Demorris Walker was convicted by a jury of capital murder and sentenced to death in a Virginia state court. In his federal habeas petition, he challenges his death sentence on the grounds that his trial counsel was ineffective for failing to investigate evidence...

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