Price v. Dismukes

Summary

The United States District Court for the Western District of North Carolina denied and dismissed Robert Lee Price’s 28 U.S.C. § 2254 petition challenging his North Carolina conviction on Sixth Amendment Confrontation Clause grounds. The court concluded that the state courts’ plain-error analysis and factual determinations were not contrary to or an unreasonable application of clearly established federal law, denied the renewed motion to proceed in forma pauperis as moot, and declined to issue a certificate of appealability.

Holdings

1. The petitioner's Confrontation Clause claim did not warrant federal habeas relief because the state appellate court's plain-error determination was not contrary to, and did not involve an unreasonable application of, clearly established federal law.
2. Price failed to establish that the state courts' factual determinations were unreasonable under 28 U.S.C. § 2254(d)(2).
3. The court did not decide whether the petition was timely under 28 U.S.C. § 2244 because the petition failed on the merits.

Questions Presented

1. Whether the state courts' rejection of Price's unpreserved Sixth Amendment Confrontation Clause claim was contrary to, or an unreasonable application of, clearly established federal law under 28 U.S.C. § 2254(d)(1).
2. Whether the state courts' factual determinations concerning the evidence supporting Price's conviction were unreasonable under 28 U.S.C. § 2254(d)(2).
3. Whether the § 2254 petition was barred by the statute of limitations under 28 U.S.C. § 2244.

Disposition

writ_denied