CHRISTIAN v. BALLARD

No. 13-7333.

792 F.3d 427 (2015)

Gregory Brent CHRISTIAN, Petitioner-Appellant, v. David BALLARD, Respondent-Appellee, and Mark A. Bezy, Warden, U.S. Penitentiary, Terre Haute; State of West Virginia; Darrell McGraw; Teresa Waid, Warden, Huttonsville Correctional Center, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 8, 2015.


Attorney(s) appearing for the Case

ARGUED: Matthew Nis Leerberg , Smith Moore Leatherwood, LLP, Raleigh, NC, for Appellant. Elbert Lin , Office of the Attorney General of West Virginia, Charleston, WV, for Appellee. ON BRIEF: Patrick Morrisey , Attorney General, Christopher S. Dodrill , Assistant Attorney General, Office of the Attorney General of West Virginia, Charleston, WV, for Appellee.

Affirmed by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge AGEE joined. Judge GREGORY wrote a separate dissenting opinion.


In September 2003, petitioner Gregory Brent Christian ("Christian") pled guilty in West Virginia state court to two counts of first-degree armed robbery, and to one count of malicious assault arising out of his shooting of a police officer who was investigating the robberies. Pursuant to a plea agreement, Christian was sentenced...

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