Legal Opinion
Cherrix v. Braxton
Court of Appeals for the Fourth Circuit
Decided July 12, 2001No. 01-1, 01-2PublishedCited by 2 opinions
1Opinion of the Court
OPINION
KING, Circuit Judge:
Daniel Braxton, the Warden of Sussex I State Prison in Virginia (the “Warden”), appeals from the district court’s order granting the motion of Brian Lee Cherrix, a death row inmate seeking federal habeas relief, for preservation and deoxyribonu-cleic acid (“DNA”) retesting of the prosecution’s evidence in his capital murder case. Alternatively, the Warden, along with Mark L. Earley, Attorney General for Virginia, and Samuel H. Cooper, Clerk of the Accomack County Circuit Court (collectively, the “Commonwealth”), seeks a writ of mandamus to compel the court to vacate…
2Cases cited19 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Schlup v. DeloSupreme Court of the United States · 1995
- McCleskey v. ZantSupreme Court of the United States · 1991
- Herrera v. CollinsSupreme Court of the United States · 1993
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
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3Cited by2 opinions
- Cherrix v. TrueDistrict Court, E.D. Virginia · 2001
- In Re Daniel BraxtonCourt of Appeals for the Fourth Circuit · 2001