No. 22-5464

Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution

Lower Court: Fourth Circuit
Docketed: 2022-08-29
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights
Latest Conference: 2022-10-28
Question Presented (from Petition)

1) Has the trial court erred by refusing to instruct the Jury on lesser Included offenses supported by the evidence in violation of Dunlap's State and federal constitutional right to due process of law ?

2) Has the trial court erred by charging the Jury with an insufficient definition of deliberation in violation of Dunlap's state and federal Constitutional right to due process of law ?

3) Did Counsel provide ineffective assistance by failing to perfect direct appeal in violation Dunlap's state and federal constitutional right to due process of law ?

Question Presented (AI Summary)

Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and federal constitutional right to due process of law?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)

Attorneys

Barney Dunlap
Barney Adrian Dunlap — Petitioner