JUSTUS v. CLARKE

No. 20-6351.

78 F.4th 97 (2023)

Berman JUSTUS, Jr., Petitioner-Appellant, v. Harold W. CLARKE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2023.


Attorney(s) appearing for the Case

ARGUED: Kelly A. Warlich , McGUIREWOODS LLP, Charlotte, North Carolina, for Appellant. Rohiniyurie Tashima , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Mark R. Herring , Attorney General, K. Scott Miles , Deputy Attorney General, Michelle S. Kallen , Solicitor General, Brittany M. Jones , Deputy Solicitor General, A. Anne Lloyd , Deputy Solicitor General, Laura H. Cahill , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Harris joined. Judge Niemeyer wrote a dissenting opinion.


In November 2003, Berman Justus, Jr. shot and killed his estranged wife, Amanda Justus, in the front seat of her car while their four-year-old son sat in the back. As part of the same incident, Justus also shot and killed Amanda's boyfriend, Joe White. Justus was charged with capital murder, among other charges. The trial...

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