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WINSTON v. KELLY

No. 09-2.

592 F.3d 535 (2010)

Leon J. WINSTON, Petitioner-Appellant, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Jennifer Leigh Givens, Federal Community Defender's Office, Philadelphia, Pennsylvania, for Appellant. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: James H. Moreno, Federal Community Defender's Office, Philadelphia, Pennsylvania, for Appellant. William C. Mims, Attorney General, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

OPINION

MICHAEL, Circuit Judge.

Leon J. Winston was convicted of capital murder and sentenced to death by the Circuit Court for the City of Lynchburg, Virginia. After failing to obtain relief in state post-conviction proceedings, he petitioned the district court for a writ of habeas corpus. He now appeals the district court's denial of the writ. Winston presents the following issues, as authorized by the certificate of appealability: (1) whether he received...

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