HORNER v. NINES

No. 20-6426.

995 F.3d 185 (2021)

Matthew James HORNER, Petitioner-Appellee, v. Jeffery NINES, Acting Warden; Attorney General of the State of Maryland, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2021.


Attorney(s) appearing for the Case

ARGUED: Daniel John Jawor , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellants. Pascal Frank Naples, III , SHIPMAN & GOODWIN LLP, Hartford, Connecticut, for Appellee. ON BRIEF: Brian E. Frosh , Attorney General, Cathleen C. Brockmeyer , Assistant Attorney General, Criminal Appeals Division, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellants. Mark Elliott Schamel , Ana L. Jara , Christopher Michael Schafbuch , WOMBLE BOND DICKINSON (US) LLP, Washington, D.C.; Christopher T. Pickens , HOGAN LOVELLS US LLP, Tysons, Virginia; Joette Katz , SHIPMAN & GOODWIN LLP, Hartford, Connecticut; Shawn M. Armbrust , Isabel R. Corngold , MID-ATLANTIC INNOCENCE PROJECT, Washington, D.C., for Appellee.

Vacated and remanded by published opinion. Senior Judge Traxler wrote the opinion in which Judge King and Judge Quattlebaum joined.


Matthew Horner ("Horner") filed an application for a writ of habeas corpus under 28 U.S.C. § 2254, seeking relief from his convictions in Maryland state court for attempted first degree murder, first degree assault, use of a handgun in the commission of a crime of violence, and second degree assault. Horner claims...

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