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JACKSON v. JOHNSON

No. 07-3.

523 F.3d 273 (2008)

Kent Jermaine JACKSON, Petitioner-Appellant, v. Gene M. JOHNSON, Director, Virginia Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2008.

Attorney(s) appearing for the Case

ARGUED Marvin David Miller, Alexandria, Virginia, for Appellant. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Andrew A. Protogyrou, Protogyrou & Rigney, P.L.C., Norfolk, Virginia, for Appellant. Robert F. McDonnell, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.

OPINION

WILLIAMS, Chief Judge:

On April 18, 2000, Petitioner Kent Jermaine Jackson brutally killed Beulah Mae Kaiser, a 79-year-old woman who lived in the apartment across the hall from him. A Virginia jury convicted Jackson of first-degree, premeditated murder during the commission of a robbery or attempted robbery, robbery, felony stabbing, and burglary, all in connection with Kaiser's death. The jury sentenced him to death for the first-degree murder...

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