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  • Cobbs v. State of SC, 4th Cir. (1998)

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    This document summarizes a court case in which Robert Cobbs appealed a district court's denial of his petition for habeas corpus relief. The appeals court dismissed Cobbs' appeal, finding that he had failed to properly object to or raise in his brief two of his claims regarding the voluntariness of his guilty plea and ineffective assistance of counsel. The court also dismissed Cobbs' remaining claim of actual innocence based on a victim's recanting affidavit, agreeing with the district court's reasoning for the denial. The appeals court denied a certificate of appealability and dismissed the case.

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    Filed: 1998-01-22 Precedential Status: Non-Precedential Docket: 97-6535

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    This document summarizes a court case in which Robert Cobbs appealed a district court's denial of his petition for habeas corpus relief. The appeals court dismissed Cobbs' appeal, finding that he had failed to properly object to or raise in his brief two of his claims regarding the voluntariness of his guilty plea and ineffective assistance of counsel. The court also dismissed Cobbs' remaining claim of actual innocence based on a victim's recanting affidavit, agreeing with the district court's reasoning for the denial. The appeals court denied a certificate of appealability and dismissed the case.

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    Cobbs v. State of SC, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Robert Cobbs appealed a district court's denial of his petition for habeas corpus relief. The appeals court dismissed Cobbs' appeal, finding that he had failed to properly object to or raise in his brief two of his claims regarding the voluntariness of his guilty plea and ineffective assistance of counsel. The court also dismissed Cobbs' remaining claim of actual innocence based on a victim's recanting affidavit, agreeing with the district court's reasoning for the denial. The appeals court denied a certificate of appealability and dismissed the case.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6535

    ROBERT LEE COBBS,


    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA, Justice Committee;
    ATTORNEY GENERAL OF THE STATE OF SOUTH
    CAROLINA,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. Henry M. Herlong, Jr., District
    Judge. (CA-96-1577-0-20BD)
    Submitted:

    January 6, 1998

    Decided:

    January 22, 1998

    Before MURNAGHAN, WILKINS, and WILLIAMS, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Robert Lee Cobbs, Appellant Pro Se. Donald John Zelenka, Chief
    Deputy Attorney General, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Robert Cobbs seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 1997).

    We have reviewed the record and the district

    court's opinions accepting the magistrate judge's report and find


    no reversible error. Cobbs's petition challenged the voluntariness
    of his guilty plea and alleged that he received ineffective assistance of counsel.

    Cobbs failed to preserve these issues for our

    review, both by failing to file timely objections to the magistrate


    judge's recommendation that these claims be denied despite being
    warned that such failure would waive appellate review, see Wright
    v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985), and by failing to
    raise these issues in his informal brief, see Local Rule 34(b).
    Cobbs's only remaining contention is that a post-conviction
    affidavit submitted by the victim of his crime recanting her trial
    testimony proves his actual innocence.

    We dismiss this claim on

    the reasoning of the district court. See Cobbs v. South Carolina,


    No. CA-96-1577-20BD (D.S.C. Mar. 31, 1997).

    Accordingly, we deny

    a certificate of appealability and dismiss this appeal.

    We dis-

    pense 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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