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Michael Lynn Snider v. Sam W. Reed, Warden North Carolina Attorney General, 991 F.2d 791, 4th Cir. (1993)

Michael Lynn Snider sought to appeal the district court's denial of habeas corpus relief from his conviction. The appeals court reviewed the record and found the appeal had no merit. It denied Snider's request for a certificate of probable cause to appeal and dismissed the case for the reasons given by the district court. The appeals court also denied Snider's motions for appointment of counsel and oral argument, finding the case was adequately presented in the existing court documents.

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16 views2 pages

Michael Lynn Snider v. Sam W. Reed, Warden North Carolina Attorney General, 991 F.2d 791, 4th Cir. (1993)

Michael Lynn Snider sought to appeal the district court's denial of habeas corpus relief from his conviction. The appeals court reviewed the record and found the appeal had no merit. It denied Snider's request for a certificate of probable cause to appeal and dismissed the case for the reasons given by the district court. The appeals court also denied Snider's motions for appointment of counsel and oral argument, finding the case was adequately presented in the existing court documents.

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991 F.

2d 791

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Michael Lynn SNIDER, Petitioner-Appellant,
v.
Sam W. REED, Warden; North Carolina Attorney General,
Respondents-Appellees.
No. 92-7105.

United States Court of Appeals,


Fourth Circuit.
Submitted: March 9, 1993
Decided: April 1, 1993

Appeal from the United States District Court for the Middle District of
North Carolina, at Winston-Salem. Frank W. Bullock, Jr., Chief District
Judge. (CA-91-545-6)
Michael Lynn Snider, Appellant Pro Se.
Richard Norwood League, OFFICE OF THE ATTORNEY GENERAL
OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.
M.D.N.C.
DISMISSED.
Before WILKINS, LUTTIG, and WILLIAMS, Circuit Judges.
PER CURIAM:

OPINION

Michael Lynn Snider seeks to appeal the district court's order refusing habeas
corpus relief pursuant to 28 U.S.C.s 2254 (1988). Our review of the record and
the district court's opinion accepting the recommendation of the magistrate
judge 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. Snider v. Reed, No. CA-91-545-6 (M.D.N.C. Sept. 15,
1992).* We deny Snider's motions for appointment of counsel and 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.
DISMISSED

The portion of claim three addressing the trial court's exclusion of statements
made by the decedent is not procedurally defaulted because it was raised on
direct appeal. However, the claim fails on the merits

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