Legal Opinion
Winston v. Kelly
District Court, W.D. Virginia
Decided March 6, 2009No. Civil Action 7:07cv00364PublishedCited by 5 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. After exhausting 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 thirty other claims. This court rejected all but two of these claims: the claim that because he is mentally retarded, Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002),…
2Cases cited35 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- Picard v. ConnorSupreme Court of the United States · 1971
30 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Leon Winston v. Eddie PearsonCourt of Appeals for the Fourth Circuit · 2012
- Winston v. KellyDistrict Court, W.D. Virginia · 2011
- Howell v. ClarkeDistrict Court, E.D. Virginia · 2022
- Winston v. KellyCourt of Appeals for the Fourth Circuit · 2010
- Winston v. KellyCourt of Appeals for the Fourth Circuit · 2010