From Casetext: Smarter Legal Research

Carrier v. Hutto

United States Court of Appeals, Fourth Circuit
Feb 7, 1985
754 F.2d 520 (4th Cir. 1985)

Opinion

No. 83-6039.

Argued June 4, 1984.

Decided February 7, 1985.

William A. Reppy, Legal Research Program, Durham, N.C., for appellant.

Linwood T. Wells, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting En Banc.


Being of the opinion that under some circumstances, an error by an attorney which does not constitute a violation of the sixth amendment might be "cause" within the meaning of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), we reverse the decision of the district court and remand this proceeding to that court for a determination of whether Carrier can successfully meet the "cause" requirement of Wainwright, and if so, whether he can then satisfy the "prejudice" prong of the Wainwright exception to procedural bar. The basis for our ruling is adequately set forth in the panel majority opinion and need not be repeated here. Carrier v. Hutto, 724 F.2d 396 (4th Cir. 1983).

Judge Russell, Judge Widener, Judge Hall, and Judge Chapman dissent, believing that the district court should be affirmed because of Carrier's failure to exhaust his state remedies and his failure to satisfy the cause and prejudice requirements of Wainwright as articulated by Judge Hall in his dissenting opinion, 724 F.2d at 403.


Summaries of

Carrier v. Hutto

United States Court of Appeals, Fourth Circuit
Feb 7, 1985
754 F.2d 520 (4th Cir. 1985)
Case details for

Carrier v. Hutto

Case Details

Full title:CLIFFORD W. CARRIER, APPELLANT, v. TERRELL D. HUTTO, DIRECTOR OF THE…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 7, 1985

Citations

754 F.2d 520 (4th Cir. 1985)

Citing Cases

Waye v. Townley

On original consideration of cross motions for summary judgment, the magistrate granted the writ, finding…

Murray v. Carrier

P. 497. 754 F.2d 520, reversed and remanded. O'CONNOR, J., delivered the opinion of the Court, in which…