North Carolina Habeas Corpus Law

Ronnie Wallace Long v. City of Concord, et al.

Raleigh, North Carolina personal injury lawyers represented Plaintiff who sued the Defendants on civil rights violation theories. According to United States District Court Judge James C. Dever, III: "Long was wrongfully incarcerated for more than 44 years for a burglary and rape he did not commit. See Am. Compl. [D.E. 24] ¶¶ 1-2. Throughout his incarceration, Long maintained a... More...

$25000000 (01-11-2024 - NC)

John R. Hayes, III v. Mark Carver

<center> <img width="300" src="http://www.ncmd.uscourts.gov/sites/ncmd/files/lrp.JPG"> </center> Petitioner John R. Hayes, III, convicted of two counts of second-degree murder and sentenced to two consecutive life terms, appeals the district court’s dismissal of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. We granted a certificate of appealability on his ... More...

$0 (04-22-2019 - NC)

United States of America v. Jaquin Jamal Pratt and Nikita Shontel Taylor

<center> <img width="300" src="https://www.usmarshals.gov/district/nc-e/locations/raleigh.jpg"> </center> Raleigh, NC - Rocky Mount Man and Woman Sentenced for Robberies Chief United States District Judge Terrence W. Boyle sentenced JAQUIN JAMAL PRATT, 20, and nikita shontel taylor, 26, of Rocky Mount, North Carolina to 120 months imprisonment, followed by 3 years of supervise... More...

$0 (03-16-2019 - NC)

Charles Ray Finch v. Superintendent Timothy McKoy

<center> <img width="300" src="https://www.usmarshals.gov/district/nc-e/locations/raleigh.jpg"> </center> Petitioner Charles Ray Finch appeals the denial of his federal habeas petition. In 1976, a jury in Wilson, North Carolina convicted Finch of first-degree murder. Finch originally received a death sentence, but in 1977, the North Carolina Supreme Court commuted his sentence to ... More...

$0 (01-31-2019 - NC)

UNITED STATES OF AMERICA v. JEFFREY R. MACDONALD

<center><img width="300" src="http://farm4.static.flickr.com/3084/2623624966_fa968920c4.jpg?v=0"></center> <h2><center><a href="http://www.morelawsuites.com" target="_new">MoreLaw Suites - Legal Suites and Virtual Offices</a> The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 918 - 582-3993 </h2> ... More...

$0 (12-21-2018 - NC)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY <table> <td>

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges, and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206 (4th Cir. 2014). In his pro se �... More...

$0 (07-15-2018 - NC)

UNITED STATES OF AMERICA v. GERALD ADRIAN WHEELER, a/k/a Bay-Bay <table> <td>

In the district court, Gerald Wheeler (“Appellant”) sought to have his habeas corpus petition heard on the merits by means of the “savings clause” per 28 U.S.C. § 2255(e). The savings clause provides that an individual may seek relief from an illegal detention by way of a traditional 28 U.S.C. § 2241 habeas corpus petition, if he or she can demonstrate that a § 2255... More...

$0 (03-28-2018 - NC)

STATE OF NORTH CAROLINA v. ANTONIO RASHEED HAIR <table> <td>

A certified copy of a judgment showing Defendant was convicted on 13 May 2015 of the felony of conspiracy to commit robbery with a dangerous weapon was admitted into evidence. Defendant does not contest the validity of this evidence. In addition, the State’s evidence tends to show that, at approximately 7:47 a.m. on 11 October 2015, Deputy Richard Hallberg (“Deputy Hallber... More...

$0 (11-21-2017 - NC)

STATE OF NORTH CAROLINA v. MICHAEL LEROY WILKIE

Defendant Michael Leroy Wilkie appeals his conviction of first degree murder of his wife. On appeal, defendant primarily argues that the trial court erred in denying his motion to dismiss the charge of first degree murder because there was no evidence demonstrating his wife’s death resulted from any act of criminal agency, and the only evidence of her cause of death was his ... More...

$0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. ROBERT LEE BAKER, JR.

On 15 August 2012, defendant, a former Winston-Salem police officer, was charged with two counts of obtaining property by false pretenses, with the offenses committed between 17 June 2011 and 27 July 2012. These charges arise out of numerous instances over a period of months relating to defendant’s practice of billing and receiving payment for off-duty security jobs that he ... More...

$0 (05-05-2016 - NC)

Albert Burgess, Jr. v. Angela Dunbar

This court reviews de novo a district court’s award of summary judgment. Woollard v. Gallagher, 712 F.3d 865, 873 (4th Cir. 2013). An award of summary judgment is appropriate “only if the record shows ‘that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’” Id. (quoting Fed. R. Civ. P. 56(a)). The relevant inquiry on summa... More...

$0 (10-10-2015 - NC)

United States of America v. Torrance Jones a/k/a Tube

Torrance Jones was convicted in 1996 on federal cocaine trafficking charges and sentenced to 360 months' imprisonment. His sentence was enhanced by, among other things, two prior Florida state court convictions. Following his sentencing and appeal, Jones filed a motion under 28 U.S.C. Â§ 2255 in October 2000 for post-conviction relief, which the district court denied. We dismissed Jones's subseq... More...

$0 (07-14-2014 - NC)

United States of America v. Thomas Blackledge

Respondent-Appellant Thomas Blackledge has been civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Actâ€), codified at 18 U.S.C. Â§Â§ 4247-48. Prior to a hearing on his commitment, Blackledge successfully moved for the appointment of an expert forensic examiner, who opined that he was indeed a sexually dangerous perso... More...

$0 (05-05-2014 - NC)

Nathan Wayne Bowie v. Gerald J. Branker, Warden, Central Prison, Raleigh, North Carolina

Nathan Wayne Bowie petitions this court for review of the district court's denial of his petition under 28 U.S.C. § 2254 for relief from the sentences of death he received in connection with two North Carolina first-degree murder convictions. For the reasons that follow, we affirm. I. A. The unchallenged facts adduced at trial and found by the state court follow. On May 23, ... More...

$0 (12-18-2007 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/011591-1.htm" target="_new">Freddie L. Emory v. James "Jim" Pendergraph, et al.</a>

On 24 June 1999, Freddie L. Emory, ("plaintiff") failed to appear at his equitable distribution proceeding. Judge Jane Harper held plaintiff in civil contempt for failure to appear and ordered him "committed to the jail of Mecklenburg County for a period of (30) days. . . ." On 11 July 1999, plaintiff was arrested by Union County deputies and appeared before a magistrate who issued a R... More...

$0 (11-19-2002 - NC)

Virginia Gibbons, et al. v. Dawn Royston Cole, et al.

Trust Distribution - On 31 December 1935, John Gibbons, Sr. ("Gibbons") created an irrevocable inter vivos trust for the benefit of his wife, Virginia Ware Gibbons, their four children, and "their successors." The trust provisions directed the trustee Wachovia Bank to distribute income to Gibbons' wife and their children during their lives. The trust further created a contingent remainder interest... More...

$0 (04-06-1999 - NC)