Kelly, No. 08-3 In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where: 1) Petitioner's second trial was not a violation of the Double Jeopardy Clause because the state charged a different gradation offense under Virginia Law in the second indictment; and 2) Petitioner's counsel was not ineffective due to counsel's failure to present certain mitigation evidence, as Petitioner showed no prejudice. [read post]

Moore, No. 07-3434 Denial of an application for habeas corpus from a conviction and sentence for gross sexual imposition and rape is affirmed where petitioner's Fifth Amendment guarantee against double jeopardy was not violated because the requisite high degree of necessity existed for a mistrial. [read post]