Rocket Docket Denies D.C. Sniper’s Petition for Writ of Habeas Corpus and Lifts Stay of Execution

Throughout October 2002, two men (ultimately nicknamed the D.C. Snipers, among other names) terrorized the Washington, D.C. region with random sniper shootings in various locations throughout Maryland, Virginia, and Washington, D.C.  The two were ultimately arrested on October 24, 2002.  The elder of the two, John Allen Muhammad, was indicted by a grand jury on October 28, 2002, subsequently convicted of the shootings on November 17, 2003, and ultimately sentenced to death.  After various appeals were filed and rejected, Mr. Muhammad’s execution was scheduled for November 5, 2007.  On October 26, 2007, the Rocket Docket stayed the execution pending further appeals by Mr. Muhammad.  After a series of appeals, Mr. Muhammad filed a Petition for Writ of Habeas Corpus with the Rocket Docket, alleging, among other things, improper exclusion of expert testimony in the penalty phase, ineffective assistance of counsel, invalidity of the indictments, unconstitutionality of the Virginia terrorism statute, and Virginia’s improperly withholding material exculpatory evidence.  In Muhammad v. Kelly, 2008 WL 4360996 (E.D. Va. 2008), the Rocket Docket rejected Mr. Muhammad’s arguments, denied the Petition, and lifted the stay of execution, effectively removing one of the final hurdles to Mr. Muhammad’s execution.