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· 8/12/1992

Frank R. Nickerson v. T.A. Lee Attorney General of North Carolina

Citations

  • 971 F.2d 1125

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, “[i]n order to obtain an evidentiary hearing . . . a habeas petitioner must come forward with some evidence that the claim might have merit,” and that “[u]nsupported, conclusory allegations do not entitle a habeas petition to an evidentiary hearing”
  • holding that, “[i]n order to obtain an evidentiary hearing . . ., a habeas petitioner must come forward with some evidence that the claim might have merit,” and that “[u]nsupported, conclusory allegations do not entitle a habeas petition to an evidentiary hearing”
  • habeas petitioner must come forward with some evidence claim might have merit; unsupported, conclusory allegations are insufficient
  • “To obtain a hearing or any form of relief, a habeas petitioner must come forward with some evidence that the claim might have merit.”
  • Ordinarily “instructions to the jury in state trials are matters of state law and procedure not involving federal constitutional issues,’ ...and are therefore not reviewable in federal habeas proceedings.”’’
  • conclusory state- ment that discrimination occurred in selecting the jury was not enough

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Luttig, Kellam, Eastern, Virginia

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.