(Download) "Burgess v. Commonwealth of Virginia" by United States Court of Appeals for the Fourth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Burgess v. Commonwealth of Virginia
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Levi Burgess seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. We therefore deny a certificate of probable cause to appeal and dismiss the appeal, but on modified grounds. Levi Burgess is currently serving prison sentences he received for four larcenies and a burglary. In his 28 U.S.C. § 2254 petition, he alleges that evidence used to convict him of two of the grand larcenies was obtained pursuant to an unconstitutional search and seizure and an unlawful arrest. Burgess has exhausted his state court remedies as to those claims. Burgess also alleges in an affidavit, however, that the police officers who testified at trial lied concerning the circumstances surrounding the search of his vehicle. Burgess never presented that claim at trial or on appeal. The district court granted appellee's motion to dismiss the petition, but dismissed Burgess's perjury claim without prejudice subject to his exhausting state court remedies.