Legal Opinion
Moseley v. Freeman
District Court, M.D. North Carolina
Decided February 28, 1997No. 1:97-cr-00171PublishedCited by 4 opinions
1Opinion of the Court
ORDER
ELIASON, United States Magistrate Judge.
Carl Stephen Moseley, a prisoner of the State of North Carolina, has been sentenced to death in two separate cases. He has filed a motion in this Court pursuant to 21 U.S.C. § 848(q)(4)(B) for the appointment of counsel to represent him to prepare his federal Section 2254 petitions for writs of habeas corpus for each state case. 1
At one time there was a question over whether the federal court had authority to appoint counsel to challenge state court convictions prior to the filing of a federal habeas corpus petition pursuant to 18 U.S.C. § 2254.…
2Cases cited16 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Fay v. NoiaSupreme Court of the United States · 1963
- Linkletter v. WalkerSupreme Court of the United States · 1965
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- McFarland v. ScottSupreme Court of the United States · 1994
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3Cited by4 opinions
- Dennis Isham v. Michael Randle, WardenCourt of Appeals for the Sixth Circuit · 2000
- Whalen v. RandleCourt of Appeals for the Sixth Circuit · 2002
- Ashmus v. CalderonDistrict Court, N.D. California · 1998
- Saguilar v. HarkleroadDistrict Court, M.D. North Carolina · 2004