Jerry Lee Mitchell, Petitioner-appellant, v. Kenneth L. Osborne, Warden; Attorney General of Thecommonwealth of Virginia, Respondents-appellees, 14 F.3d 595 (4th Cir. 1993)
Annotate this CaseAppeal from the United States District Court for the Western District of Virginia, at Roanoke.
Jerry Lee Mitchell, Appellant Pre Se.
Oliver Lewis Norrell, III, Assistant Attorney General, for Appellees.
W.D. Va.
DISMISSED.
Before PHILLIPS, MURNAGHAN, and NIEMEYER, Circuit Judges.
PER CURIAM:
OPINION
Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal substantially on the reasoning of the district court.* Mitchell v. Osborne, No. CA-92-683-R (W.D. Va. June 1, 1993). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
DISMISSED
Mitchell's first claim included a challenge to his conviction under the Double Jeopardy Clause and under state law. His federal claim is barred for the reasons stated by the district court. However, his state law challenge is procedurally barred under Va.Code Ann.Sec. 8.01-654(B) (2) (Michie 1993) because Mitchell failed to include it in his first state habeas petition
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