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POWELL v. WARDEN OF THE SUSSEX I

Record No. 042716.

634 S.E.2d 289 (2006)

Paul Warner POWELL v. WARDEN OF THE SUSSEX I STATE PRISON.

Supreme Court of Virginia.

September 15, 2006.

Attorney(s) appearing for the Case

Jonathan Shapiro (James G. Connell, III, Richmond; Devine & Connell, on brief), for petitioner.

Katherine P. Baldwin, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Jerry P. Slonaker, Senior Assistant Attorney General, on brief), for respondent.

Present: All the Justices.

OPINION BY Chief Justice LEROY R. HASSELL, SR.

I.

In this habeas corpus proceeding, we consider whether petitioner, who was convicted of capital murder for the killing of Stacey Lynn Reed during the commission of or subsequent to an attempted rape in violation of Code § 18.2-31(5), suffered prejudice within the meaning of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) because his...

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