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Interesting Fourth Circuit opinion affirming Virginia death sentences for female double-murderer

By Douglas A. Berman

The Fourth Circuit's panel decision today in Lewis v. Wheeler, No. 09-4 (4th Cir. June 4, 2010) (available here), first caught my eye because the case involves a habeas appeal of two death sentences imposed in Virginia on a woman involved in a murder-for-hire scheme that ended the lives of her husband and stepson.  Then, upon a quick read, I discovered that the case has involves some interesting legal issues as well as notable facts.  This final substantive paragraph from the Lewis panel opinion provides a summary of these issues and how they got resolved: Having fully considered the record in this case, we agree that Lewis has failed to demonstrate that counsel?s failure to preserve and advise her of a possible Apprendi/Ring challenge to the constitutionality of Va...continue to full post

Full post as published by Sentencing Law and Policy on June 04, 2010 (boomark / email).