Legal Opinion
In re Terry
Court of Appeals for the Fourth Circuit
Decided July 15, 2009No. 09-1121PublishedCited by 2 opinions
1Opinion of the Court
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
2Per curiam
Gary Ivan Terry petitions for writs of mandamus and prohibition requesting this court to compel the district court to vacate its order refusing to compel specific performance of his plea agreement. We conclude that Terry is not entitled to relief.
Mandamus and prohibition relief are available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988); In re Vargas, 723 F.2d 1461, 1468 (10th Cir.1983).…
3Cases cited5 opinions
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- In Re Diana R. Beard, (Two Cases)Court of Appeals for the Fourth Circuit · 1987
- First Federal Savings & Loan Ass'n v. BakerCourt of Appeals for the Fourth Circuit · 1988
- In Re United Steelworkers of America, Afl-Cio-ClcCourt of Appeals for the Fourth Circuit · 1979
- In Re Grand Jury Proceedings, Subpoena to Ray M. Vargas. Sangre De Cristo Community Mental Health Service, Inc. v. United States of America, Ray M. Vargas v. Santiago Campos, United States District JudgeCourt of Appeals for the Tenth Circuit · 1983
4Cited by2 opinions
- Terry v. U.S. Small Business AdministrationDistrict Court, District of Columbia · 2010
- Terry v. United States Small Business AdministrationDistrict Court, District of Columbia · 2010