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POWELL v. KELLY

No. 1:07cv59.

531 F.Supp.2d 695 (2008)

Paul Warner POWELL, Petitioner, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent.

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

January 11, 2008.

Attorney(s) appearing for the Case

Jonathan Shapiro, Greenspun Shapiro Davis & Leary PC, Fairfax, VA, Robert Lee Jenkins, Jr., Bynum & Jenkins PLLC, Alexandria, VA, Jonathan Paul Sheldon, Devine Connell & Sheldon PLC, Fairfax, VA, for Petitioners.

Katherine P. Baldwin, Office of the Attorney General, Richmond, VA, for Respondent.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

Petitioner Paul Warner Powell's petition for habeas corpus relief encompasses two capital murder trials on two different indictments. Powell was first convicted of capital murder in the Circuit Court for Prince William County in 2000, and was thereafter sentenced to death. The Supreme Court of Virginia vacated the conviction and remanded, limiting retrial on the specific charged offense to non-capital...

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