WALTERS v. MARTIN

No. 19-7391.

18 F.4th 434 (2021)

John WALTERS, Petitioner-Appellant, v. Michael MARTIN, Warden, Huttonsville Correctional Center, Respondent-Appellee, and John T. Murphy, Respondent. National Association of Criminal Defense Lawyers, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 18, 2021.


Attorney(s) appearing for the Case

ARGUED: Madison Mischik , UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Michael Ray Williams , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. ON BRIEF: Thomas V. Burch , Anna W. Howard , Sloane S. Kyrazis , Third-Year Law Student, Emily C. Snow , Third-Year Law Student, Appellate Litigation Clinic, UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Patrick Morrisey , Attorney General, Lindsay S. See , Solicitor General, Thomas T. Lampman , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. Elizabeth A. Franklin-Best , Vice-Chair Amicus Committee, Columbia, South Carolina, David B. Smith , Vice-Chair Amicus Committee, NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, Alexandria, Virginia; Ruthanne M. Deutsch , Hyland Hunt, DEUTSCH HUNT PLLC, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER joined.


John Walters appeals from the district court's denial of his 28 U.S.C. § 2254 petition. We granted a Certificate of Appealability ("COA") on one issue: counsel's failure to timely relay a favorable plea offer to Walters. See 28 U.S.C. § 2253. For the following reasons...

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