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  • Robert W. Russell v. David A. Garraghty Attorney General of The State of Virginia, 799 F.2d 751, 4th Cir. (1986)

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    The 4th Circuit Court of Appeals dismissed an appeal from a district court's refusal of habeas corpus relief. In a per curiam opinion, the appeals court found that the dispositive issues had been recently decided authoritatively. The court denied a certificate of probable cause to appeal, dispensed with oral argument, and dismissed the appeal based on the reasoning provided by the district court in its earlier decision.

    Original Description:

    Filed: 1986-08-29 Precedential Status: Non-Precedential Citations: 799 F.2d 751 Docket: 86-6552

    Original Title

    Robert W. Russell v. David A. Garraghty Attorney General of the State of Virginia, 799 F.2d 751, 4th Cir. (1986)

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    The 4th Circuit Court of Appeals dismissed an appeal from a district court's refusal of habeas corpus relief. In a per curiam opinion, the appeals court found that the dispositive issues had been recently decided authoritatively. The court denied a certificate of probable cause to appeal, dispensed with oral argument, and dismissed the appeal based on the reasoning provided by the district court in its earlier decision.

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    1 views2 pages

    Robert W. Russell v. David A. Garraghty Attorney General of The State of Virginia, 799 F.2d 751, 4th Cir. (1986)

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    Scribd Government Docs
    The 4th Circuit Court of Appeals dismissed an appeal from a district court's refusal of habeas corpus relief. In a per curiam opinion, the appeals court found that the dispositive issues had been recently decided authoritatively. The court denied a certificate of probable cause to appeal, dispensed with oral argument, and dismissed the appeal based on the reasoning provided by the district court in its earlier decision.

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    of 2

    799 F.

    2d 751
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Robert W. Russell, Appellant
    v.
    David A. Garraghty; Attorney General of the State of
    Virginia, Appellees.
    No. 86-6552.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 22, 1986.
    Decided Aug. 29, 1986.

    Before HALL, ERVIN and WILKINS, Circuit Judges.


    PER CURIAM.

    Robert W. Russell, Appellant Pro Se. Richard B. Smith, Assistant Attorney


    General, for Appellees.
    PER CURIAM:

    A review of the record and the district court's opinion discloses that an appeal
    from its order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254
    would be without merit. Because the dispositive issues recently have been
    decided authoritatively, we deny a certificate of probable cause to appeal,
    dispense with oral argument, and dismiss the appeal on the reasoning of the
    district court. Russell v. Garraghty, C/A No. 85-0017-D (W.D. Va., Feb. 4,
    1986).
    DISMISSED.

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