WINSTON v. PEARSON

Nos. 11-4, 11-5.

683 F.3d 489 (2012)

Leon J. WINSTON, Petitioner-Appellee, v. Eddie L. PEARSON, Warden, Sussex I State Prison, Respondent-Appellant. Leon J. Winston, Petitioner-Appellant, v. Eddie L. Pearson, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2012.


Attorney(s) appearing for the Case

ARGUED: Katherine Baldwin Burnett , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant/Cross-Appellee. Jennifer Leigh Givens , Federal Community Defender Office, Philadelphia, Pennsylvania, for Appellee/Cross-Appellant. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General of Virginia, Richmond, Virginia, for Appellant/Cross-Appellee. Leigh M. Skipper , Chief Federal Defender, James Moreno , Aren Adjoian , Federal Community Defender Office, Philadelphia, Pennsylvania, for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.


OPINION

DIAZ, Circuit Judge:

A Virginia jury convicted Leon Winston of capital murder. The court, following the jury's recommendation, sentenced Winston to death. Winston's direct appeals failed and his conviction became final, at which point he sought habeas relief in state court. The Supreme Court of Virginia denied relief, rejecting Winston's requests for discovery and an evidentiary hearing.

Winston then filed a habeas petition in federal court...

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