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  • Justice v. Angelone, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Lee Justice, who sought relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Justice did not satisfy the standards for issuing a certificate of appealability, as he did not make a substantial showing of the denial of a constitutional right or show that reasonable jurists would find it debatable whether his petition states a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the Court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2004-09-01 Precedential Status: Non-Precedential Docket: 04-6368

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Lee Justice, who sought relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Justice did not satisfy the standards for issuing a certificate of appealability, as he did not make a substantial showing of the denial of a constitutional right or show that reasonable jurists would find it debatable whether his petition states a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the Court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    4 views3 pages

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

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Lee Justice, who sought relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Justice did not satisfy the standards for issuing a certificate of appealability, as he did not make a substantial showing of the denial of a constitutional right or show that reasonable jurists would find it debatable whether his petition states a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the Court denied the certificate of appealability and dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6368

    JOHNNIE LEE JUSTICE,


    Petitioner - Appellant,
    versus
    RONALD ANGELONE, Director, Virginia Department
    of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CA-02-1616-A)

    Submitted:

    August 26, 2004

    Decided:

    September 1, 2004

    Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Johnnie Lee Justice, Appellant Pro Se.


    Steven Andrew Witmer,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Johnnie Lee Justice seeks to appeal the district courts
    order denying relief on his petition filed under 28 U.S.C. 2254
    (2000).
    order

    in

    An appeal may not be taken to this court from the final


    a

    habeas

    corpus

    proceeding

    in

    which

    the

    detention

    complained of arises out of process issued by a state court 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 for claims addressed by a district court on the merits
    absent a substantial showing of the denial of a constitutional
    right. 28 U.S.C. 2253(c)(2) (2000).

    As to claims dismissed by

    a district court solely on procedural grounds, a certificate of


    appealability will not issue unless the petitioner can demonstrate
    both (1) that jurists of reason would find it debatable whether
    the petition states a valid claim of the denial of a constitutional
    right and (2) that jurists of reason would find it debatable
    whether the district court was correct in its procedural ruling.
    Rose v. Lee, 252 F.3d 676, 684 (4th Cir. 2001) (quoting Slack v.
    McDaniel,

    529

    U.S.

    473,

    484

    (2000)).

    We

    have

    independently

    reviewed the record and conclude that Justice has not satisfied
    either standard.
    (2003).

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

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.

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

    We dispense

    with oral argument because the facts and legal contentions are

    - 2 -

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    DISMISSED

    - 3 -

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