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    Smith v. Warden, Nottoway, 4th Cir. (2002)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the denial of his habeas corpus petition. The district court had denied Smith's claim that his counsel was ineffective for failing to preserve claims of irrelevant evidence introduction and prosecutorial misconduct. The appeals court reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court's earlier opinion.

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    Smith v. Warden, Nottoway, 4th Cir. (2002)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the denial of his habeas corpus petition. The district court had denied Smith's claim that his counsel was ineffective for failing to preserve claims of irrelevant evidence introduction and prosecutorial misconduct. The appeals court reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court's earlier opinion.

    Original Description:

    Filed: 2002-08-05 Precedential Status: Non-Precedential Docket: 02-6110

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the denial of his habeas corpus petition. The district court had denied Smith's claim that his counsel was ineffective for failing to preserve claims of irrelevant evidence introduction and prosecutorial misconduct. The appeals court reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court's earlier opinion.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    1 views2 pages

    Smith v. Warden, Nottoway, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Thomas Earl Smith of the denial of his habeas corpus petition. The district court had denied Smith's claim that his counsel was ineffective for failing to preserve claims of irrelevant evidence introduction and prosecutorial misconduct. The appeals court reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court's earlier opinion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6110

    THOMAS EARL SMITH,


    Petitioner - Appellant,
    versus
    WARDEN, NOTTOWAY CORRECTIONAL CENTER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Claude M. Hilton, Chief
    District Judge. (CA-00-1240-AM)

    Submitted:

    June 11, 2002

    Decided:

    August 5, 2002

    Before MICHAEL, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Thomas Earl Smith, Appellant Pro Se. Linwood Theodore Wells, Jr.,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Thomas Earl Smith seeks to appeal portions of the district
    courts

    order

    denying

    relief

    on

    his

    petition

    U.S.C.A. 2254 (West 1994 & Supp. 2001).

    filed

    under

    28

    Specifically, Smith

    challenges the denial of his claim that counsel was ineffective for
    failing

    to

    preserve

    for

    appeal

    claim

    that

    the

    prosecution

    introduced irrelevant evidence and a claim that his conviction was


    obtained by prosecutorial misconduct.

    We have reviewed the record

    and the district courts opinion and find no reversible error.


    Accordingly, we deny a certificate of appealability and dismiss the
    appeal on the reasoning of the district court. See Smith v. Warden,
    Nottoway Corr. Ctr., No. CA-00-1240-AM (E.D. Va. filed Dec. 10,
    2001 & entered Dec. 11, 2001).

    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

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