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BYRD v. JOHNSON

Record No. 101289.

708 S.E.2d 896 (2011)

Marquis Devon BYRD v. Gene M. JOHNSON, Director of the Virginia Department of Corrections.

Supreme Court of Virginia.

April 21, 2011.

Attorney(s) appearing for the Case

Dana Carver Boehm ( N. Thomas Connally III ; Khang V. Tran ; Hogan Lovells US, on briefs), for appellant.

Robert H. Anderson III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL and KOONTZ, S.JJ.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This is an appeal from an order dismissing a petition for habeas corpus. It presents questions whether the petitioner was prejudiced because (a) his trial counsel failed to renew his motion to strike the evidence at the conclusion of all the evidence, and (b) his counsel at sentencing failed to obtain a ruling on his motion to set aside the verdict. We decide both questions in the light of the second ("prejudice") prong...

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