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JOHNSON v. TICE

Record No. 070531.

654 S.E.2d 917 (2008)

Gene M. JOHNSON, Director of the Virginia Department of Corrections v. Derek Elliott TICE.

Supreme Court of Virginia.

January 11, 2008.

Attorney(s) appearing for the Case

Stephen R. McCullough, Deputy State Solicitor General (Robert F. McDonnell, Attorney General; William E. Thro, State Solicitor General; Virginia B. Theisen, Senior Assistant Attorney General; Jonathan M Larcomb, Assistant Attorney General, on briefs), for appellant.

Melissa N. Henke (Audrey J. Anderson; E. Desmond Hogan; Deborah L. Boardman; Hogan & Hartson, on brief), Washington, DC, for appellee.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether a circuit court erred in awarding a writ of habeas corpus based on its holding that a petitioner was prejudiced by his trial counsel's failure to file a motion to suppress the petitioner's confession. We also address as a matter of cross-error whether the circuit court erred in denying the petitioner's separate claim that trial counsel were ineffective, thereby causing the petitioner to...

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