United States Fourth Circuit

Where the trial judge did not, as alleged, "promise" the defendant he would give a 30-year parole ineligibility charge to the jury, and where such charge was, in fact, unavailable because the defendant's life sentence included the possibility of parole, the defendant was not entitled to appeal the state court's denial of his petition for habeas relief.

Appellate Information

• Argued 01/23/2002
• Decided 03/04/2002
• Published 03/04/2002

Judges

• Before LUTTIG, MICHAEL, and KING Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Frank Hardaway, Columbia, South Carolina;  Melissa Reed Kimbrough, Columbia, South Carolina, for Appellant.  Donald John Zelenka, Assistant Deputy Attorney General, South Carolina Office of the Attorney General, Columbia, South Carolina, for Appellees.   ON BRIEF:  Charles M. Condon, Attorney General, John W. McIntosh, Chief Deputy Attorney General, South Carolina Office of the Attorney General, Columbia, South Carolina, for Appellees.