Bell v. True

OPINION AND ORDER

JONES, Chief Judge.

Edward N. Bell is a state prisoner under capital sentence for murder who has given notice that he intends to file a petition for a writ of habeas corpus in this court. His conviction and sentence were affirmed on direct appeal by the Virginia Supreme Court, Bell v. Commonwealth, 264 Va. 172, 563 S.E.2d 695 (2002), cert. denied, 537 U.S. 1123, 123 S.Ct. 860, 154 L.Ed.2d 805 (2003), and his state post-convietion efforts have been unsuccessful. On December 23, 2004, I stayed Bell’s execution, which was scheduled for January 7, 2005, pursuant to McFarland v.…