Von Hall v. Nooth

Von Hall v. Nooth

Petitioner:	Eric Thorton Von Hall
Respondent:	Mark Nooth
Case Number:	2:2015cv00469
Filed:	March 23, 2015
Court:	US District Court for the District of Oregon
Office:	Pendleton (2) Office
Presiding Judge:	John Jelderks
Nature of Suit:	Prisoner Petitions: Habeas Corpus (General)
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
July 31, 2017	Filing 73 ORDER - The court ADOPTS IN PART Judge Jelderk's Findings and Recommendations (ECF 69 ), as supplemented herein. Petitioner's habeas corpus petition is DENIED. The Court issues a Certificate of Appealability pursuant to 28 U.S.C. & #167; 2253(c)(2) on Petitioner's claim of ineffective assistance of counsel based on Petitioner's appellate counsel's failure to raise the Fourth Amendment issue in Petitioner's direct appeal. The Court declines to issue a Certificate of Appealability on Petitioner's other claims because Petitioner has not made a substantial showing of the denial of a constitutional right relating to those claims. Signed on 7/31/2017 by Judge Michael H. Simon. (mja)

Date Filed

Document Text

July 31, 2017

Filing 73 ORDER - The court ADOPTS IN PART Judge Jelderk's Findings and Recommendations (ECF 69 ), as supplemented herein. Petitioner's habeas corpus petition is DENIED. The Court issues a Certificate of Appealability pursuant to 28 U.S.C. & #167; 2253(c)(2) on Petitioner's claim of ineffective assistance of counsel based on Petitioner's appellate counsel's failure to raise the Fourth Amendment issue in Petitioner's direct appeal. The Court declines to issue a Certificate of Appealability on Petitioner's other claims because Petitioner has not made a substantial showing of the denial of a constitutional right relating to those claims. Signed on 7/31/2017 by Judge Michael H. Simon. (mja)

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Respondent: Mark Nooth
Represented By:	Lynn David Larsen
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Petitioner: Eric Thorton Von Hall
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