Scribd Logo
Upload

Welcome to Scribd!

  • 2 views

    Gwyn v. Angelone, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Robert Gwyn Jr. appealed the district court's denial of his petition for habeas corpus. The appeals court dismissed the appeal, as Gwyn had not shown that reasonable jurists would find his constitutional claims debatable. To appeal the denial of a habeas petition, the petitioner must obtain a Certificate of Appealability by demonstrating that reasonable jurists could debate whether his constitutional rights were denied. However, the appeals court independently reviewed the record and determined that Gwyn had not made this requisite showing. Therefore, the court denied Gwyn's request for appointment of counsel, denied a Certificate of Appealability, and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Gwyn v. Angelone, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    Robert Gwyn Jr. appealed the district court's denial of his petition for habeas corpus. The appeals court dismissed the appeal, as Gwyn had not shown that reasonable jurists would find his constitutional claims debatable. To appeal the denial of a habeas petition, the petitioner must obtain a Certificate of Appealability by demonstrating that reasonable jurists could debate whether his constitutional rights were denied. However, the appeals court independently reviewed the record and determined that Gwyn had not made this requisite showing. Therefore, the court denied Gwyn's request for appointment of counsel, denied a Certificate of Appealability, and dismissed the appeal.

    Original Description:

    Filed: 2004-06-30 Precedential Status: Non-Precedential Docket: 04-6236

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Robert Gwyn Jr. appealed the district court's denial of his petition for habeas corpus. The appeals court dismissed the appeal, as Gwyn had not shown that reasonable jurists would find his constitutional claims debatable. To appeal the denial of a habeas petition, the petitioner must obtain a Certificate of Appealability by demonstrating that reasonable jurists could debate whether his constitutional rights were denied. However, the appeals court independently reviewed the record and determined that Gwyn had not made this requisite showing. Therefore, the court denied Gwyn's request for appointment of counsel, denied a Certificate of Appealability, and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    2 views2 pages

    Gwyn v. Angelone, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Robert Gwyn Jr. appealed the district court's denial of his petition for habeas corpus. The appeals court dismissed the appeal, as Gwyn had not shown that reasonable jurists would find his constitutional claims debatable. To appeal the denial of a habeas petition, the petitioner must obtain a Certificate of Appealability by demonstrating that reasonable jurists could debate whether his constitutional rights were denied. However, the appeals court independently reviewed the record and determined that Gwyn had not made this requisite showing. Therefore, the court denied Gwyn's request for appointment of counsel, denied a Certificate of Appealability, and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6236

    ROBERT WAYNE GWYN, JR.,


    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (CA-03-162-7)

    Submitted:

    June 24, 2004

    Decided:

    June 30, 2004

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Robert Wayne Gwyn, Jr., Appellant Pro Se. Hazel Elizabeth Shaffer,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Robert W. Gwyn, Jr., seeks to appeal from the district
    courts order denying relief on his petition filed under 28 U.S.C.
    2254 (2000).

    The order is not appealable unless a circuit

    justice or judge issues a certificate of appealability.

    28 U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    absent a substantial showing of the denial of a constitutional
    right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    his

    or

    her

    constitutional

    claims

    are

    debatable

    and

    that

    any

    dispositive procedural rulings by the district court are also


    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    We have independently reviewed

    the record and conclude that Gwyn has not made the requisite
    showing.

    Accordingly, we deny Gwyns motion for appointment of

    counsel, deny a certificate of appealability, and dismiss the


    appeal. We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

    You might also like