United States Fourth Circuit
Cummings v. Polk, 06-11
Denial of death sentenced inmate's habeas petition is affirmed over claims that: 1) petitioner's due process rights were violated by the admission in his sentencing trial of evidence relating to an unadjudicated murder as a "course of conduct" aggravator; and 2) a police officer's Miranda warnings, which included the assertion that petitioner could be required to pay for an appointed lawyer, contravened his Fifth and Sixth Amendment rights.
Appellate Information
- Argued 12/01/2006
- Decided 02/01/2007
- Published 02/01/2007
Judges
- Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Jennifer Harjo, Smith, Smith & Harjo, Wilmington, North Carolina; Nora Henry Hargrove, Wilmington, North Carolina, for Appellant. Steven Mark Arbogast, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.