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  • James Willie Smith v. Talmadge Barnett Attorney General of The State of North Carolina, 905 F.2d 1531, 4th Cir. (1990)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It dismisses the appeal of James Willie Smith, who sought habeas corpus relief from his conviction. The district court had previously denied Smith relief. The appeals court finds no merit in Smith's appeal and denies his request for a certificate of probable cause and in forma pauperis status. It also denies Smith's motion for appointment of counsel. The appeals court dismisses the case, agreeing with the reasoning of the district court in denying Smith's habeas petition.

    Original Description:

    Filed: 1990-06-04 Precedential Status: Non-Precedential Citations: 905 F.2d 1531 Docket: 90-6549

    Original Title

    James Willie Smith v. Talmadge Barnett Attorney General of the State of North Carolina, 905 F.2d 1531, 4th Cir. (1990)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It dismisses the appeal of James Willie Smith, who sought habeas corpus relief from his conviction. The district court had previously denied Smith relief. The appeals court finds no merit in Smith's appeal and denies his request for a certificate of probable cause and in forma pauperis status. It also denies Smith's motion for appointment of counsel. The appeals court dismisses the case, agreeing with the reasoning of the district court in denying Smith's habeas petition.

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    Public Domain
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    3 views2 pages

    James Willie Smith v. Talmadge Barnett Attorney General of The State of North Carolina, 905 F.2d 1531, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It dismisses the appeal of James Willie Smith, who sought habeas corpus relief from his conviction. The district court had previously denied Smith relief. The appeals court finds no merit in Smith's appeal and denies his request for a certificate of probable cause and in forma pauperis status. It also denies Smith's motion for appointment of counsel. The appeals court dismisses the case, agreeing with the reasoning of the district court in denying Smith's habeas petition.

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    of 2

    905 F.

    2d 1531

    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.
    James Willie SMITH, Petitioner-Appellant,
    v.
    Talmadge BARNETT; Attorney General of the State of North
    Carolina, Respondents-Appellees.
    No. 90-6549.

    United States Court of Appeals, Fourth Circuit.


    Submitted May 7, 1990.
    Decided May 18, 1990.
    Rehearing and Rehearing In Banc Denied June 4, 1990.

    Appeal from the United States District Court for the Middle District of
    North Carolina, at Durham. Norwood Carlton Tilley, Jr., District Judge.
    (C/A No. 89-328-C-D)
    James Willie Smith, appellant pro se.
    Richard Norwood League, Clarence Joe DelForge, III, Office of the
    Attorney General of North Carolina, Raleigh, N.C., for appellees.
    M.D.N.C.
    DISMISSED.
    Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit
    Judges.
    PER CURIAM:

    James Willie Smith 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 accepting the recommendation of the magistrate
    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. Leave to appeal in forma pauperis is denied. Smith v. Barnett, CA-89328-C-D (M.D.N.C. Mar. 9, 1990). 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. The motion for
    appointment of counsel is denied.

    DISMISSED.

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