Mark Lee v. Harold Clarke

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge WYNN joined.

GREGORY, Circuit Judge:

Mark E. Lee (“Lee”) appeals the district court’s order granting the motion of the Director of the Virginia Department of Corrections (“Director”) to dismiss his petition for a writ of habeas corpus. We issued a certificate of appealability to address Lee’s claim that his trial counsel provided ineffective assistance by failing to request a jury instruction defining heat of passion. We find that the state habeas court’s decision was based on an…