Scribd Logo
Upload

Welcome to Scribd!

  • 2 views

    United States v. Gerth, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Raymond Gerth's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255 challenging his conviction. While the district court improperly relied on an unsworn affidavit in granting summary judgment on Gerth's ineffective assistance of counsel claims, the appeals court found summary judgment was still proper on those claims. The appeals court also dismissed Gerth's other claims for the reasons stated by the district court. The appeals court denied Gerth's request for a certificate of appealability and motion for appointment of counsel.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    United States v. Gerth, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Raymond Gerth's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255 challenging his conviction. While the district court improperly relied on an unsworn affidavit in granting summary judgment on Gerth's ineffective assistance of counsel claims, the appeals court found summary judgment was still proper on those claims. The appeals court also dismissed Gerth's other claims for the reasons stated by the district court. The appeals court denied Gerth's request for a certificate of appealability and motion for appointment of counsel.

    Original Description:

    Filed: 1999-03-09 Precedential Status: Non-Precedential Docket: 98-7274

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Fourth Circuit dismissed Raymond Gerth's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255 challenging his conviction. While the district court improperly relied on an unsworn affidavit in granting summary judgment on Gerth's ineffective assistance of counsel claims, the appeals court found summary judgment was still proper on those claims. The appeals court also dismissed Gerth's other claims for the reasons stated by the district court. The appeals court denied Gerth's request for a certificate of appealability and motion for appointment of counsel.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    2 views2 pages

    United States v. Gerth, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Raymond Gerth's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255 challenging his conviction. While the district court improperly relied on an unsworn affidavit in granting summary judgment on Gerth's ineffective assistance of counsel claims, the appeals court found summary judgment was still proper on those claims. The appeals court also dismissed Gerth's other claims for the reasons stated by the district court. The appeals court denied Gerth's request for a certificate of appealability and motion for appointment of counsel.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7274

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    RAYMOND G. GERTH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Fayetteville. Malcolm J. Howard, District Judge. (CR-93-28-3, CA-97-944-5-H)

    Submitted:

    December 30, 1998

    Decided:

    March 9, 1999

    Before WILKINS and NIEMEYER, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Raymond G. Gerth, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM
    Appellant seeks to appeal the district courts order denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1998).
    We have reviewed the record and the district courts opinion and
    find no reversible error.

    While summary judgment on Appellants

    ineffective assistance of counsel claims should not have been based


    upon an improperly sworn affidavit,* summary judgment was nevertheless properly granted on all such claims.

    We dismiss the bal-

    ance of Appellants claims on the reasoning of the district court.


    United States v. Gerth, No. CR-93-28-3; CA-97-944-5-H (E.D.N.C.
    Aug. 6, 1998).

    Accordingly, we deny a certificate of appealabil-

    ity.

    We also deny Appellants motion for the appointment of coun-

    sel.

    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

    In support of its motion for summary judgment, the


    Government included an affidavit by Gerths counsel, Jeffrey L.
    Starkweather, addressing Gerths ineffective assistance claims.
    (R. 51, Ex. B). The affidavit does not indicate that the
    attorneys statement was made under the penalty of perjury.
    Further, the notarys attestation clause recites that William E.
    Scott, not Starkweather, appeared before her.
    2

    You might also like