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 affirmed the denial of Marlon Alonzo Smith's motions for the appointment of counsel, ruling that his underlying Rule 60(b) motions were effectively unauthorized successive habeas petitions. Because the district court lacked jurisdiction to hear those motions, the request for counsel to assist with them was rendered moot.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Desmonte Dwayne Leonard for possession of a firearm after a felony conviction. The court granted the government's motion for summary affirmance, ruling that Leonard's Second Amendment challenge is foreclosed by existing precedent.
The Fifth Circuit affirmed the district court's judgment while declining to review a defendant's claim of ineffective assistance of counsel regarding a safety valve reduction. The court held that while the claim was not barred by issue preclusion, it could not be adjudicated on direct appeal due to insufficient record detail.
The Eleventh Circuit affirmed Joshua Cobb's convictions for drug and firearm offenses, rejecting his claim that the district court erred by failing to inquire into a conflict of interest. The court held that a defendant must demonstrate an actual conflict that negatively affected counsel's performance to warrant reversal.