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VIRGINIA DEPT. OF CORRECTIONS v. CLARK

Record No. 830584.

318 S.E.2d 399 (1984)

VIRGINIA DEPARTMENT OF CORRECTIONS, et al. v. James T. CLARK, Jr.

Supreme Court of Virginia.

June 15, 1984.

Attorney(s) appearing for the Case

Jacqueline G. Epps, S. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on briefs), for appellants.

Jaclyn Leonhard, Fairfax (Robert T. Hall; Hall, Surovell, Jackson & Colten, P.C., Fairfax, on brief), for appellee.

Present: All the Justices.

STEPHENSON, Justice.

The dispositive question in this habeas corpus appeal is whether trial counsel's representation of James T. Clark, Jr., during the penalty phase of his capital murder trial, constituted ineffective assistance of counsel.

I

On August 29, 1978, a jury convicted Clark of capital murder for willful, deliberate, and premeditated killing for hire, Code § 18.2-31(b). Following a separate penalty proceeding, pursuant to Code §...

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