Legal Opinion
Winston v. Kelly
District Court, W.D. Virginia
Decided May 30, 2008No. Civil Action 7:07cv00364PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
SAMUEL G. WILSON, District Judge.
A jury in the Circuit Court for the City of Lynchburg, Virginia found petitioner, Leon Jermain Winston, guilty of three counts of capital murder and sentenced him to three death sentences. Having exhausted his state court remedies, Winston filed a habeas petition in this court pursuant to 28 U.S.C. § 2254 claiming actual innocence and raising more than 30 other claims. The court rejects his claim of actual innocence and all of his other claims except two interrelated claims: the claim that because he is mentally retarded, Atkins v. Virginia,…
2Cases cited55 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
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3Cited by7 opinions
- Janosky v. St. AmandCourt of Appeals for the First Circuit · 2010
- Winston v. KellyDistrict Court, W.D. Virginia · 2009
- Winston v. KellyDistrict Court, W.D. Virginia · 2011
- Brock v. ClarkeDistrict Court, W.D. Virginia · 2022
- Robinson v. HarvanekDistrict Court, N.D. Oklahoma · 2023
2 more not listed; retrieve them via the Exa API.