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John Williams v. State of South Carolina, T. Travis Medlock, Attorney General of The State of South Carolina, 856 F.2d 188, 4th Cir. (1988)

This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of a petition for a writ of habeas corpus. The appellate court denies a certificate of probable cause to appeal and dismisses the appeal, agreeing with the district court's reasoning that the appeal lacked merit. While the court emphasizes that it does not decide the issue, it notes that even if one of the inculpatory statements made by the appellant had violated his right to counsel, its admission at trial was harmless error since it merely restated two earlier constitutional statements.

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26 views2 pages

John Williams v. State of South Carolina, T. Travis Medlock, Attorney General of The State of South Carolina, 856 F.2d 188, 4th Cir. (1988)

This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of a petition for a writ of habeas corpus. The appellate court denies a certificate of probable cause to appeal and dismisses the appeal, agreeing with the district court's reasoning that the appeal lacked merit. While the court emphasizes that it does not decide the issue, it notes that even if one of the inculpatory statements made by the appellant had violated his right to counsel, its admission at trial was harmless error since it merely restated two earlier constitutional statements.

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856 F.

2d 188
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
John WILLIAMS, Petitioner-Appellant,
v.
STATE OF SOUTH CAROLINA, T. Travis Medlock, Attorney
General
of the State of South Carolina, Respondents-Appellees.
No. 88-7645.

United States Court of Appeals, Fourth Circuit.


Submitted July 26, 1988.
Decided Aug. 22, 1988.

John Williams, appellant pro se.


William Alva Ready, III, Office of Attorney General of South Carolina,
for appellees.
Before DONALD RUSSELL and K.K. HALL, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
PER CURIAM:

John Williams seeks to appeal the district court's order refusing habeas corpus
relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district
court's opinion accepting the recommendation of the magistrate discloses that
this appeal is without merit. Accordingly, we deny a certificate of probable
cause to appeal and dismiss the appeal on the reasoning of the district court.1
Williams v. State of South Carolina, C/A No. 87-155-2H (D.S.C. April 26,
1988). We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the Court and argument would

not aid the decisional process.


2

DISMISSED.

We would like to emphasize, however, the district court's holding concerning


the admission of the third inculpatory statement given by the appellant. Even if,
as appellant contends, this statement were in violation of his Sixth Amendment
right to counsel, a point we decline to decide, its admission was no more than
harmless error because it was merely a restatement of two earlier, clearly
constitutional, statements

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