UNITED STATES v. STITT

Nos. 07-11, 07-12.

552 F.3d 345 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Thomas STITT, a/k/a Patrick V. Hardy, a/k/a Tom Tom, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Richard Thomas Stitt, a/k/a Patrick V. Hardy, a/k/a Tom Tom, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 24, 2008.


Attorney(s) appearing for the Case

ARGUED: Gerald Thomas Zerkin, Office of the Federal Public Defender, Richmond, Virginia, for Richard Thomas Stitt. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for the United States. ON BRIEF: Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia; Amy L. Austin, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia; Jeffrey L. Stredler, Williams Mullen, Norfolk, Virginia, for Richard Thomas Stitt. Chuck Rosenberg, United States Attorney, Alexandria, Virginia; Darryl J. Mitchell, Assistant United States Attorney, William D. Muhr, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for the United States.

Affirmed in part; reversed and remanded in part with instructions by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.


OPINION

WILLIAMS, Chief Judge:

We granted Richard Thomas Stitt, a federal inmate, a certificate of appealability ("COA") to consider his claim that during the guilt phase of his federal capital proceeding, his trial counsel labored under a conflict of interest that adversely affected his representation. By way of cross-appeal, the Government argues that the district court, after granting Stitt relief under 28 U.S.C.A. § 2255 (West Supp. 2008) as to...

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