Emmett v. Warden of Sussex I State Prison

609 S.E.2d 602 (2005)

269 Va. 164

Christopher Scott EMMETT, Petitioner,

v.

WARDEN OF THE SUSSEX I STATE PRISON, Respondent.

No. 031201.

Supreme Court of Virginia.

March 3, 2005.

UPON A PETITION FOR WRIT OF HABEAS CORPUS. UPON A REHEARING.

In a petition for writ of habeas corpus, the petitioner, Christopher Scott Emmett, claimed, among other things, that he was denied effective assistance of counsel in his capital murder trial because his trial counsel failed to object to a penalty phase verdict form.[1] Relying on this Court's decision in Atkins v. Commonwealth, 257 Va. 160, 510 S.E.2d 445 (1999),…