Powell v. Kelly

Affirmed by published opinion. Judge SHEDD wrote the majority opinion, in which Judge MOTZ joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

OPINION

SHEDD, Circuit Judge:

Paul Warner Powell, a Virginia capital inmate, appeals the denial of his petition for a writ of habeas corpus. We granted a certificate of appealability (“COA”) on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amend*659ment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by…