Topic
Every decision we've filed under Constitutional.
The Fourth Circuit affirmed the denial of a habeas corpus petition because the petitioner failed to file specific objections to the magistrate judge's recommendation. This failure to object resulted in a forfeiture of the right to appellate review of the substantive recommendation.
The Fourth Circuit dismissed an appeal because the prisoner failed to obtain a required certificate of appealability. The court found that the appellant did not make the necessary showing that his constitutional rights were debatably denied.
The Fourth Circuit denied a certificate of appealability for John Cox's attempt to challenge the timeliness of his habeas petition. The court found that Cox failed to make a substantial showing that the district court's procedural ruling was debatable or that he was denied a constitutional right.
The Fourth Circuit denied Meldamion Antoine Huguley's petition for a writ of mandamus seeking to vacate his federal firearms conviction. The court held that mandamus is an extraordinary remedy unavailable when adequate appellate or collateral review channels exist, particularly after the underlying § 2255 motion was dismissed as unauthorized and successive.
The Fourth Circuit Court of Appeals dismissed Brian David Hill's appeal from the denial of his federal habeas corpus motion because he failed to obtain a certificate of appealability. The court found that Hill did not make a substantial showing of the denial of a constitutional right as required by statute.
The Fourth Circuit dismissed an appeal from a district court's denial of a state prisoner's habeas corpus petition because the petitioner failed to obtain a certificate of appealability. The court held that Williams did not make a substantial showing that his constitutional rights were denied, a statutory requirement for appellate review.
The Fourth Circuit dismissed Arkeem H. Nellon's appeal from a district court's procedural dismissal of his habeas petition because he failed to obtain a certificate of appealability. The court independently reviewed the record and found Nellon did not make the requisite substantial showing that the procedural ruling was debatable or that his underlying claim involved a constitutional right.
The Fourth Circuit Court of Appeals dismissed Bennie Mitchell's appeal from a denial of habeas relief because he failed to obtain a certificate of appealability. The court independently reviewed the record and found that Mitchell did not make a substantial showing of the denial of a constitutional right.
The Fourth Circuit dismissed Richard Thurston's appeal from a district court's denial of his habeas corpus petition because he failed to obtain a required certificate of appealability. The court found that Thurston did not make a substantial showing that reasonable jurists could find the district court's assessment of his constitutional claims debatable or wrong.
The Tenth Circuit held that defense counsel violated the Sixth Amendment by failing to advise a defendant that his guilty plea to a drug offense would result in practically inevitable deportation. The court reversed the district court's denial of the habeas motion and remanded for a determination of prejudice.