United States Fourth Circuit

Motion for authorization to file a successive habeas corpus application pursuant to 28 U.S.C.A. section 2254 is denied, where petitioner's new evidence can only be used for impeachment of a witness and does not clearly and convincingly outweigh unimpeached eyewitness testimony.

Appellate Information

• Argued 02/26/2003
• Decided 05/27/2003
• Published 05/27/2003

Judges

• Before WILKINS, Chief Judge, and WILKINSON and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Brian Marc Feldman, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Movant.  Steven Andrew Witmer, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Respondent. ON BRIEF:  Neal L. Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Movant.  Jerry W. Kilgore, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Respondent.