Topic
Every decision we've filed under Constitutional.
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 United States Court of Appeals for the Tenth Circuit dismissed a habeas corpus petition filed by Kelly Miles Finnessey. The dismissal was issued due to a lack of prosecution by the petitioner.
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.
The Tenth Circuit denied a certificate of appealability and dismissed Eric Fernandez's federal habeas petition because it was filed after the one-year statute of limitations expired. The court held that Fernandez failed to exercise due diligence in discovering that his counsel had not filed a necessary motion to withdraw his plea, which triggered the finality of his conviction.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a federal prisoner seeking legal aid forms. The court ruled the case was moot because the appellant was no longer confined at the facility he sued.
The Fifth Circuit affirmed the denial of Elijah Porter's motion to suppress evidence, holding that license plate reader data does not constitute a Fourth Amendment search. The court further ruled that the traffic stop was supported by reasonable suspicion and that the firearm was lawfully seized under the plain view doctrine.