Carrier v. Hutto, 83-6039
| Decision Date | 07 February 1985 |
| Docket Number | No. 83-6039,83-6039 |
| Parties | Clifford W. CARRIER, Appellant, v. Terrell D. HUTTO, Director of the Virginia Department of Corrections, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
William A. Reppy for appellant.
Linwood T. Wells, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.
Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting En Banc.
Being of the opinion that under some circumstances, an error by an attorney which does not constitute a violation of the sixth amendment might be "cause" within the meaning of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), we reverse the decision of the district court and remand this proceeding to that court for a determination of whether Carrier can successfully meet the "cause" requirement of Wainwright, and if so, whether he can then satisfy the "prejudice" prong of the Wainwright exception to procedural bar. The basis for our ruling is adequately set forth in the panel majority opinion and need not be repeated here. Carrier v. Hutto, 724 F.2d 396 (4th Cir.1983).
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