BARNES v. BRANKER
| WILLIAM LEROY BARNES |
| GERALD BRANKER |
| 1:2008cv00271 |
| April 17, 2008 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Rowan |
| UNASSIGNED |
| P. TREVOR SHARP |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
62
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/2/2018. The court's determination is in accord with the Recommendation, which is ADOPTED, as modified herein. ORDERED that Barnes' s petition (Doc. 1 ) be DENIED as to the single claim on remand from the Court of Appeals for the Fourth Circuit. FURTHER that Barnes's motion for the appointment of substitute counsel (Docs. 59 , 60 ) be DENIED. For the reasons noted, the court will grant a certificate of appealability on the issue of whether the extraneous communication between Juror Jordan and Pastor Lomax had a "substantial and injurious effect or influence in determining the jury's verdict," or rather was harmless. See 28 U.S.C. § 2253(c)(2). A Judgment will be entered contemporaneously with this Memorandum Opinion and Order. (Daniel, J)
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Filing
28
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 3/28/2013 ADOPTING the Magistrate Judge's Recommendation 22 ; that the petition (Doc. 1 ) be DENIED. In this capital case, Petitioner has made a sufficiently substanti al showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2) to warrant the grant of a certificate of appealability with respect to the issue whether a juror's contact with her pastor violated Petitioner's Sixth Amendment right to a fair trial. A certificate of appealability is therefore issued on this question. 28 U.S.C. § 2253(c)(3). A Judgment will be entered contemporaneously with this Memorandum Opinion and Order. (Sheets, Jamie)
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Filing
22
RECOMMENDEDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 2/3/2012; that the Petition for a Writ of Habeas Corpus be denied and dismissed. (Sheets, Jamie)
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| Petitioner: WILLIAM LEROY BARNES | |
| Represented By: | GEORGE BULLOCK CURRIN |
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| Respondent: GERALD BRANKER | |
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