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Andre Brown Nelson v. Edward W. Murray, Director

Citations: 74 F.3d 1232; 1996 U.S. App. LEXIS 38863; 1996 WL 23176Docket: 95-7034

Court: Court of Appeals for the Fourth Circuit; January 22, 1996; Federal Appellate Court

Narrative Opinion Summary

Andre Brown Nelson appealed the denial of his petition for relief under 28 U.S.C. § 2254 by the United States District Court for the Eastern District of Virginia. The Fourth Circuit Court reviewed the case, including the district court's opinion, and found no reversible error. Consequently, the court denied a certificate of probable cause to appeal and dismissed Nelson's appeal based on the district court's reasoning. The court determined that oral argument was unnecessary as the facts and legal issues were sufficiently presented in the case materials. The appeal was dismissed on January 23, 1996.

Legal Issues Addressed

Certificate of Probable Cause to Appeal

Application: The court denied a certificate of probable cause to appeal, effectively preventing Nelson from proceeding with the appeal.

Reasoning: Consequently, the court denied a certificate of probable cause to appeal and dismissed Nelson's appeal based on the district court's reasoning.

Denial of Petition under 28 U.S.C. § 2254

Application: The Fourth Circuit Court found no reversible error in the district court's denial of Nelson's petition for relief under 28 U.S.C. § 2254.

Reasoning: The Fourth Circuit Court reviewed the case, including the district court's opinion, and found no reversible error.

Oral Argument Unnecessary

Application: The court determined that oral argument was unnecessary since the case materials adequately presented the facts and legal issues.

Reasoning: The court determined that oral argument was unnecessary as the facts and legal issues were sufficiently presented in the case materials.