PLYMAIL v. MIRANDY

No. 19-6412.

8 F.4th 308 (2021)

Charles F. PLYMAIL, Petitioner-Appellant, v. Patrick MIRANDY, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2021.


Attorney(s) appearing for the Case

ARGUED: Mackenzie Herman , Henna Shah , John J. Korzen , WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Thomas T. Lampman , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Jasperse , Third-Year Law Student, Kristen R. Kovach , Third-Year Law Student, Appellate Advocacy Clinic, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Patrick Morrisey , Attorney General, Lindsay S. See , Solicitor General, Jessica A. Lee , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Reversed by published opinion. Judge Richardson wrote the majority opinion, in which Judge Niemeyer and Judge Wynn joined.


Charles Plymail was convicted of sexual assault in 1993. The details of his conviction are disturbing. What is also disturbing is how long it took for him to receive a decision on his direct appeal: over twenty years. Plymail eventually filed a habeas petition in the district court asserting that his incarceration was...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases