[PDF] Top 20 United States v. Barnette 393 F.3d 775 (4th Cir. 2004)

... tors were inadequately alleged in the indictment, the Fourth Circuit will not hesitate to find the deficiency to be harmless error. 6 3 The court in Barnette deter[r] ... See full document

... Finding that the Government had presented enough evidence to prove beyond a reasonable doubt all of the elements of a federal kidnapping resulting in death, including th[r] ... See full document

... Despite its grant of summary judgment to the United States, the district court granted certificates of appealability ("COA") on all of Tipton and Johnson's c[r] ... See full document

... or readily available to the defense have not gone as far as the Fourth Circuit. In describing the inadequacy of Hoke's investigation into Stell's prior relationships and sexua[r] ... See full document

... 51 Second, at the time of Plath's appeal, the South Carolina Supreme Court operated under a custom of "'reviewing closing arguments in capital cases regardless of whethe[r] ... See full document

... Satcher then filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Vruginia."The district court granted the writ on[r] ... See full document

... The United States Court of Appeals, Fourth Circuit, in vacating the district court's judgment and remanding for first instance consideration of Skipper's claims on the mer[r] ... See full document

... with it were evidence of how ambiguous court orders can lead to misunderstandings of what has and has not been considered by reviewing courts. Second, this decision is in [r] ... See full document

... On state collateral review, the Supreme Court of Virginia rejected many of Bennett's substantive claims of trial error as procedurally barred by his failure to raise them [r] ... See full document

... He noted that, logically, the same Consti- tution that entitled a defendant to rebut future dangerousness with evidence of his good behavior in jail (Skipper) must also entitl[r] ... See full document

... The court of appeals found that Beaver was not entitled to an evidentiary hearing on his conflict of interest and ineffective assistance of counsel claims because he was [r] ... See full document

... On remand, the United States Court of Appeals for the Fourth Circuit held that Gray's misrepresentation claim was not raised or addressed prior to being raised before[r] ... See full document

... 46 At the close of Duncan's testimony, Barnette moved to recall Cunningham to testify in surrebuttal to Duncan's psychopath testimony." z The Defense then proffered the tes[r] ... See full document

... TheFourth Circuit affirmed the district court's dismissal of George's habeas corpus petition and modified the district court's ruling to deny his Sixth Amendment claim, with prejudice, [r] ... See full document

... The Fourth Circuit disagreed because Matthews had not presented the claim in his pretrial motion to the Supreme Court of South Carolina and, in any event, the court found that the[r] ... See full document

... Before proceeding to the cause and prejudice analysis, however, it must first be established that petitioner truly defaulted the issue. The district court decided that Barnes h[r] ... See full document

... If these arguments fail, an alternative is to submit a proposed jury instruction defining the "vileness" factor which provides a more mean- ingful distinction for the senten[r] ... See full document

... The Fourth Circuitreversed and held: (1) Pope's federal due process claim was not procedurally barred due to his failure to couch the claim in explicit federal constitutional term[r] ... See full document

... The court of appeals then proceeded to consider the long-standing principle (endorsed by the Supreme Court) that defendants do possess a constitutional right to counsel [r] ... See full document

... In his petition for federal habeas corpus in the United States District Court for the Western District of North Carolina, Hill raised claims regarding 1) the trial judge's[r] ... See full document