United States Fourth Circuit

In a 28 U.S.C. section 2255 motion for post-conviction relief from the conviction of first degree murder, judgment of district denying DNA motion on the ground that it lacked jurisdiction in the absence of an additional prefiling authorization is reversed because district court erred in assessing claim for relief by taking an overly restrictive view of what constitutes the evidence as a whole under section 2255.

Appellate Information

• Decided 04/19/2011
• Published 04/19/2011

Judges

• KING

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Joseph Edward Zeszotarski, Jr., John F. De Pue