U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Muhammad v. Kelly, No. 08-13

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.

Read Muhammad v. Kelly, No. 08-13

Appellate Information

Argued: May 12, 2009

Decided: August 7, 2009


Opinion by Judge Gregory


For Appellant:

Jonathan P. Sheldon, Devine, Connell & Sheldon, PLC, Fairfax, VA

For Appellee:

Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, VA