Phillips, Jr. v. State of Mississippi, No. 4:2022cv00008 - Document 16 (N.D. Miss. 2023)
Court Description: OPINION AND ORDER denying Petition for Writ of Habeas Corpus with prejudice; denying Certificate of Appealability. Signed by District Judge Debra M. Brown on 2/16/23. (jla)
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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION ROOSEVELT PHILLIPS, JR. PETITIONER V. NO. 4:22-CV-8-DMB-JMV STATE OF MISSISSIPPI RESPONDENT OPINION AND ORDER I State and Federal Procedural History Id. Phillips, Jr. v. State of Mississippi Doc. 16 Id. Id. Id. Id. Phillips v. State See id. Id. Neil v. Biggers Id. Id. Id. Neil vs. Biggers Id. Id. Means v. State Id. Id. II Procedural Default A. Applicable Law Guidry v. Lumpkin Fratta v. Davis Gonzales v. Davis external Maples v. Thomas Pickeny v. Cain Gonzales B. Application to Ground Three Spicer v. Cain Nixon v. Epps Reed v. Stephens III Merits Review Schriro v. Landrigan A. Grounds One and Two Neil v. Biggers 1. Relevant law Brathwaite Mason v. Brathwaite United States v. Moody Neil v. Biggers Id. Perry v. New Hampshire Id. Id. Brathwaite 2. Analysis Phillips Id. Neil v. Biggers Phillips Biggers Id. Galloway v. State Galloway Id. Biggers Biggers Perry B. Ground Four 1. Relevant law Jackson v. Virginia any Coleman v. Johnson Id. Id. Id. Smith v. State Stone v. State 2. Analysis Phillips Id. See Ramirez v. Dretke and Miller v. Johnson IV Certificate of Appealability Schrader v. Whitley Slack v. McDaniel Id. Slack V Conclusion DENIED with prejudice DENIED SO ORDERED /s/Debra M. Brown UNITED STATES DISTRICT JUDGE
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