No. 24-7477

Arnold Wayne McCartney v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex

Lower Court: Fourth Circuit
Docketed: 2025-06-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bifurcated-trial certificate-of-appealability counsel ineffective-assistance mercy-phase structural-error
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or ineffective assistance of counsel in the mercy phase of his bifurcated murder trial, when counsel made no argument for mercy on his behalf, and when counsel failed to inform the jury of available mitigating evidence?

Question Presented (OCR Extract)

Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or ineffective assistance of counsel in the mercy phase of his bifurcated murder trial, when counsel made no argument for mercy on his behalf, and when counsel failed to inform the jury of available mitigating evidence? i

Docket Entries

2025-10-06
Petition DENIED.
2025-07-03
DISTRIBUTED for Conference of 9/29/2025.
2025-07-01
Waiver of right of respondent Supt. Frame to respond filed.
2025-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2025)

Attorneys

Arnold McCartney
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
Supt. Frame
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent