IN RE McFADDEN

No. 15-206.

826 F.3d 706 (2016)

IN RE: John Earl McFADDEN, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2016.


Attorney(s) appearing for the Case

ARGUED: Anatoly Smolkin , Gallagher Evelius & Jones LLP, Baltimore, Maryland, for Movant. Rosemary Virginia Bourne , Office of the Attorney General of Virginia, Richmond, Virginia, for Respondent. ON BRIEF: Paul S. Caiola , Gallagher Evelius & Jones LLP, Baltimore, Maryland, for Movant. Mark R. Herring , Attorney General of Virginia, Office of the Attorney General of Virginia, Richmond, Virginia, for Respondent.

Motion denied by published opinion. Judge Wynn wrote the opinion, in which Judge King and Judge Gregory joined.


John Earl McFadden moves for authorization to file a successive habeas corpus application1 pursuant to 28 U.S.C. § 2254. His claim is based on newly discovered facts suggesting that his trial counsel did not communicate to him a favorable plea offer...

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