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JACKSON v. KELLY

Nos. 10-1, 10-3.

650 F.3d 477 (2011)

Jerry Terrell JACKSON, Petitioner-Appellee, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent-Appellant. Jerry Terrell Jackson, Petitioner-Appellant, v. Loretta K. Kelly, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Matthew P. Dullaghan , Office of the Attorney General of Virginia, Richmond, Virginia, for Loretta K. Kelly, Warden, Sussex I State Prison. Michele Jill Brace , Washington, D.C., for Jerry Terrell Jackson. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General of Virginia, Richmond, Virginia, for Loretta K. Kelly, Warden, Sussex I State Prison. Philip E. Holladay, Jr. , Taryn Koball, King & Spalding LLP, Atlanta, Georgia, for Jerry Terrell Jackson.

Reversed by published opinion. Judge DUNCAN wrote the opinion, in which Judge DAVIS and Judge WYNN joined.

DUNCAN, Circuit Judge:

In the fall of 2002, a jury found petitioner Jerry Jackson guilty of breaking into 88-year-old Ruth Phillips's home, raping her, and smothering her to death with a pillow from her bed. Jackson was sentenced to death. Jackson's direct and collateral appeals were denied by the Supreme Court of Virginia. Jackson sought federal habeas relief, which the district court granted as to his penalty-phase claims following an evidentiary hearing.

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