In a capital habeas matter, the denial of the habeas petition is affirmed where: 1) a previously undisclosed ballistics report did not exculpate petitioner, given its inconclusive language; 2) petitioner's counsel did not perform ineffectively by failing to prevent him from representing himself, as he represented himself for only two days during the government's presentation of its case, and his defense attorneys were heavily involved as standby counsel; and 3) petitioner waived his right to present expert mitigation evidence.
Argued: May 12, 2009
Decided: August 7, 2009
Opinion by Judge Gregory
Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, VA