BURR v. JOYNER

BURR v. JOYNER

Petitioner:	JOHN EDWARD BURR
Respondent:	GERALD J. BRANKER
Case Number:	1:2001cv00393
Filed:	April 12, 2001
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Alamance
Presiding Judge:	WILLIAM L. OSTEEN
Presiding Judge:	P. TREVOR SHARP
Nature of Suit:	Death Penalty - Habeas Corpus
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 26, 2020	Filing 168 MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/26/2020, that the Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. 2 ), is DENIED and that this action is dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this Memorandum Opinion and Order. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Garland, Leah)
May 30, 2012	Filing 139 ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/30/2012; that the Magistrate Judge's Original Report (Doc. 28 ) is ADOPTED and that the Magistrate Judge's Supplemental Report (Doc. 123 ) is ADOPTED IN PART as more fully des cribed herein. For the reasons set forth in the Magistrate Judges Reports, IT IS FURTHER ORDERED that a writ of habeas corpus be issued and that Petitioner's conviction and death sentence for first-degree murder be vacated without prejudice to the State of North Carolina's right to retry Petitioner within a reasonable period of time. A judgment consistent with this opinion will be entered contemporaneously with this Order. (Sheets, Jamie)

Date Filed

Document Text

March 26, 2020

Filing 168 MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/26/2020, that the Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. 2 ), is DENIED and that this action is dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this Memorandum Opinion and Order. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Garland, Leah)

May 30, 2012

Filing 139 ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/30/2012; that the Magistrate Judge's Original Report (Doc. 28 ) is ADOPTED and that the Magistrate Judge's Supplemental Report (Doc. 123 ) is ADOPTED IN PART as more fully des cribed herein. For the reasons set forth in the Magistrate Judges Reports, IT IS FURTHER ORDERED that a writ of habeas corpus be issued and that Petitioner's conviction and death sentence for first-degree murder be vacated without prejudice to the State of North Carolina's right to retry Petitioner within a reasonable period of time. A judgment consistent with this opinion will be entered contemporaneously with this Order. (Sheets, Jamie)

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Petitioner: JOHN EDWARD BURR
Represented By:	ERNEST LEE CONNER, JR.(Designation CJA Appointment)
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Respondent: GERALD J. BRANKER
Represented By:	EDWIN W. WELCH
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