No. 22-5464

Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution

Lower Court: Fourth Circuit
Docketed: 2022-08-29
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights
Key Terms:
DueProcess
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and federal constitutional right to due process of law?

Question Presented (OCR Extract)

No question identified. : _QUESTIONS | . ~ 1) Has the trial court erred by refusing to instruct the dary on lesser included offenses supported by the evidence, in violation oF Dunlap's state and federal constitutional right to due process of law ? 2) Has the trial court erred by charging the dury with an fasuttierent definition of delibération, /n violation of Duntap's state and feceral | constitutional right to due pracess of law ? . | | | 3) Did counsel provide ineffective assistance by failing to pertect direct appeal, in violation oF Danlap's state and Federal constitutional Fight to due process of law 7 , | | | | i , darisdictional statement, , — DUNLAP Ve MITCHELL bate Filed! U-2-20/5 Assigned to: Chief Judge Martin Reidinger Date Terminated § (2-/d201F case in other courts : Caldwell county Superior Court, Jury Demand | Aone OBCRS 51335, 51357 Natare of Surte $30 Habeas corpus uth circuit, 16-0b521 (General) | 4th circuit, 21-0 7216 Turisdietions Federal question th etreuit, 22-187 Zn re BARNEY ADRIAN buwtap Cause: 28.5.0, 2254 For Writ of Habeas Corpus (state) fetttioner BARNEY ADRIAN DUMLAP Represented by Barney Adrian Dunlap VS. # OBEY S44 Respondent Alexander Correctional Institution Davin MITCHELL 633 Old Lend¥ill Road Superintendent, Lanesboro correctional Taw lors villa, NC 2868/ . Lnstitution PRO SE STATE PROCEEDIHES . June 2, 2008, two Grand Fury indictments, 314-17, Single Court Fest degree murder, Sept2, 2oll, Jury found Dunlap gu'lty, ture counts, Firstdegree murdermalice afore thought. Sept 4, 20, timel; Wotices of Appeal File Fuly 20,2012, defendant/ appellant's briek Filed /n N.C, Court oF Appeals, (econ) NO Perfected Brief Frled by state appointed Counse|, Tames Glover Feb, 5, 2013, NCCoA Filed unpublished opinion No. CoAl2-6S7, ui Feb, 7, 20/4, pro sé Mo tion for Appropriate Relief Filed in Superior Court, Denied, Ags 14,2014 pro sé writ of certiorari in NCCOR, to review Superior Court ORDER, Denied: Feb. 3, 20/5, pro se Writ of cert via ArhY Extraordinary writs, rule 2] revied of NccoA direct appeal Unpublished opinion Filed in Ne, Supreme Court, Denied, All claims presentéd jn 28 0,5,6.2254 Petiton are exhausted by State courts, Nov, 2, 2015, Petition 28U.5,¢. 2254 Filed in WONE, Cec. 10, 2015 Case closed), Dec, 22,2015, motion to alter or amend suey ment Filed (n WOHE, ( Denied 3-23-2046), April 17,2016, /n-formal brie? Filed in OSERY, Denied April 28,2016, Motion for inettective assistance oF counsel hearing, dettered and 10-14-2016 Denjed, Nov. /0, 20/6, Petition for rehearing deemed out-oftime, Denied March 30,2021, Writ oF Certiorar’ (7 U.S. Supreme Court, ort-oFtime April 14,2021 Denied, Aug, 12, 2021, Fed. R. Civ. P, 60068) (in WON Granted Feliet From 2012 sn terlocutory action, Sept, 13,2021, the USCAY granted in forma pauperis [21-7216] civ. doc, 72 Sept 14,2021, informal brief Filed 1n USCAY decicled,lach of Jurisdiction 3-31-2022, May 10,2022, petition For rehearing en bane,“ Denfed rehearing May /o 204327 May 25,2082, the USCAY reassigned case name and number to [22187), | Zn re BARNEY ADRIAN DUNLAP , Movant | | May (0,2022, Denial of rehear'ng en bane /'s date used for certiorar/ rev/eu, | Tuly 18,2022, writ of Certiorar/ Filed in U5, Supreme Court, | July 28,2022, Petition returned for corrections and resubmit within 60 days, | |

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)

Attorneys

Barney Dunlap
Barney Adrian Dunlap — Petitioner