The appeals court is scheduled to hear those arguments tomorrow in Muhammad's bid to overturn his conviction and death sentence or return the case to the trial court for whatever further proceedings the appellate judges might deem appropriate.
Muhammad made his own opening statement and cross-examined witnesses for the first two days of his 2003 trial before turning the case back over to his court-appointed attorneys. His new lawyers claim on appeal that the failure to prevent him from representing himself violated his constitutional right to an effective defense.
A jury in Virginia Beach sentenced Muhammad to death for the Oct. 9, 2002, murder of Dean Meyers in Prince William County. In all, the shooting spree by Muhammad and Lee Boyd Malvo left 10 dead and a half-dozen wounded in four states and the District of Columbia.
Along with the ineffective defense claim, a three-judge panel of the appeals court will consider two other issues raised by Muhammad: that the prosecution withheld crucial evidence and that the trial judge erred in refusing to allow the jury to hear expert testimony about Muhammad's brutal childhood. Muhammad's lawyers say an MRI of his brain showed abnormalities. Two experts said Muhammad likely was schizophrenic.
