Supreme Court of the United States · Official docket →
Arnold Wayne McCartney v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-7197 · judgment February 18, 2025
Certiorari denied · October 6, 2025
Question presented
Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or ineffective assistance of counsel in the mercy phase of his bifurcated murder trial, when counsel made no argument for mercy on his behalf, and when counsel failed to inform the jury of available mitigating evidence?
Counsel of record
For petitioner
Jeremy Benjamin Cooper
Blackwater Law PLLC
For respondent
Michael Ray Williams
Office of the West Virginia Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 03 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 01 2025Waiver of right of respondent Supt. Frame to respond filed.
- Jun 16 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2025)