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POWELL v. KELLY

No. 08-3.

562 F.3d 656 (2009)

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

United States Court of Appeals, Fourth Circuit.

Decided April 15, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan P. Sheldon, Devine, Connell & Sheldon, P.L.C., Fairfax, Virginia, for Appellant. Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Robert L. Jenkins, Jr., Bynum & Jenkins, P.L.L.C., Alexandria, 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. Judge SHEDD wrote the majority opinion, in which Judge MOTZ joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

OPINION

SHEDD, Circuit Judge:

Paul Warner Powell, a Virginia capital inmate, appeals the denial of his petition for a writ of habeas corpus. We granted a certificate of appealability ("COA") on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by...

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