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  • Jerry Wayne Moore v. Fred W. Green, Warden, Brunswick Correctional Center, 912 F.2d 463, 4th Cir. (1990)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry Wayne Moore, who sought habeas corpus relief from his conviction. The court denied Moore a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court that denied Moore's habeas petition. The court also denied Moore's motion seeking to compel DNA testing of evidence from his case.

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    Filed: 1990-08-28 Precedential Status: Non-Precedential Citations: 912 F.2d 463 Docket: 89-6717

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry Wayne Moore, who sought habeas corpus relief from his conviction. The court denied Moore a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court that denied Moore's habeas petition. The court also denied Moore's motion seeking to compel DNA testing of evidence from his case.

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    3 views2 pages

    Jerry Wayne Moore v. Fred W. Green, Warden, Brunswick Correctional Center, 912 F.2d 463, 4th Cir. (1990)

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    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry Wayne Moore, who sought habeas corpus relief from his conviction. The court denied Moore a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court that denied Moore's habeas petition. The court also denied Moore's motion seeking to compel DNA testing of evidence from his case.

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    of 2

    912 F.

    2d 463
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    Jerry Wayne MOORE, Petitioner-Appellant,
    v.
    Fred W. GREEN, Warden, Brunswick Correctional Center,
    Respondent-Appellee.
    No. 89-6717.

    United States Court of Appeals, Fourth Circuit.


    Submitted June 7, 1990.
    Decided Aug. 28, 1990.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria. James C. Cacheris, District Judge. (CA-88-714AM)
    Jerry Wayne Moore, appellant pro se.
    Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond,
    Va., for appellee.
    E.D.Va.
    DISMISSED.
    Before K.K. HALL, PHILLIPS and WILKINS, Circuit Judges.
    PER CURIAM:

    Jerry Wayne Moore seeks to appeal the district court's order refusing habeas
    corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the

    district court's opinion discloses that this appeal is without merit. Accordingly,
    we deny a certificate of probable cause to appeal and dismiss the appeal on the
    reasoning of the district court. Moore v. Wright, CA-88-714-AM (E.D.Va. June
    27, 1989). 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.*
    2

    DISMISSED.

    Appellant has filed a motion seeking to compel the Attorney General of


    Virginia and other officials of the Commonwealth to test the blood and
    spermatozoa samples taken from the victim of the sexual assault for their DNA
    characteristics and to compare the results with appellant's blood sample which
    was taken on July 30, 1990, for DNA analysis pursuant to Va.Code Ann. Secs.
    19.2-310.2 et seq. We deny the motion. The issue of DNA testing and
    comparison of the samples taken from the victim in light of Sec. 19.2-310.2
    should be presented in the first instance to the Virginia courts

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