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Home / Courts / 4th Circuit / Criminal Practice – Habeas Corpus – Death-Row Defendant – Mental Retardation – Ineffective Assistance Claim (access required)

Criminal Practice – Habeas Corpus – Death-Row Defendant – Mental Retardation – Ineffective Assistance Claim (access required)

Winston v. Pearson The 4th Circuit affirms a grant of habeas relief to a defendant convicted of the capital murder of a couple in their home, after the district court’s de novo review of defendant’s claim that his trial attorneys were ineffective for failure to raise a claim under Atkins v. Virginia that defendant’s mental retardation barred imposition of the death penalty.

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