Green v. Johnson
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge WILKINSON joined. Judge MOTZ wrote an opinion concurring in the judgment.
OPINION
SHEDD, Circuit Judge:
Kevin Green, a Virginia capital inmate, appeals the denial of his petition for a writ of habeas corpus. The district court granted Green a certificate of appealability (“COA”) on two issues: (1) whether he is mentally retarded so that his sentence is unconstitutional under the Eighth Amendment as interpreted in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), and (2) whether his trial counsel…
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- Brown v. PaytonSupreme Court of the United States · 2005
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