Legal Opinion

Fitzgerald v. Bass

Court of Appeals of Virginia

Decided March 15, 1988No. Record No. 0511-85PublishedCited by 93 opinions

1Opinion of the Court

*41Opinion

ON REHEARING EN BANC

KEENAN, J.

— Edward Fitzgerald appeals from the denial of his petition for a writ of habeas corpus. The issues we address are: (1) whether Fitzgerald was improperly denied an evidentiary hearing on certain claims; (2) whether the testimony of prosecution witness, Wilbur Caviness, deprived Fitzgerald of due process; and, (3) whether Fitzgerald was denied effective assistance of counsel.1 We dismiss that part of Fitzgerald’s appeal which deals with his capital murder conviction because under our jurisdictional statutes, as interpreted in Peterson v. Bass, 2 Va. App.…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Chapman v. CaliforniaSupreme Court of the United States · 1967
  5. United States v. BagleySupreme Court of the United States · 1985

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3Cited by93 opinions

  1. State v. Von DohlenSupreme Court of South Carolina · 1996
  2. Burke v. Catawba HospitalCourt of Appeals of Virginia · 2012
  3. Conway v. CommonwealthCourt of Appeals of Virginia · 1991
  4. Edward B. Fitzgerald v. Charles E. Thompson, WardenCourt of Appeals for the Fourth Circuit · 1991
  5. Gray v. ThompsonCourt of Appeals for the Fourth Circuit · 1995

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