Bianca Hughley v. Southwest Airlines
24-1667
4th Cir.
Nov 21, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. Luis Ramirez was charged with three counts of attempted murder and found guilty on January 3, 1995, with enhancements for using a handgun [lines="26-38"].
  2. The trial court sentenced Ramirez to 28 years followed by three consecutive life sentences [lines="37-38"].
  3. On July 11, 2023, Ramirez filed a petition for resentencing under Penal Code section 1172.6 [lines="46"].
  4. At the December 1, 2023 hearing, the trial court denied the petition without reviewing trial documents [lines="47"].
  5. The prosecutor asserted that Ramirez was the actual shooter, negating the basis for his petition under section 1172.6 [lines="151-160"].

Issues

  1. Whether the trial court erred by denying the resentencing petition without reviewing documents from the underlying trial [lines="68-70"].
  2. Whether Ramirez was legally ineligible for resentencing under section 1172.6 due to his admission of being the shooter [lines="161-173"].

Holdings

  1. The trial court's denial of Ramirez's petition without reviewing the record constitutes error, but it was harmless since he was ineligible for relief [lines="71-72"], [lines="179"].
  2. Ramirez could not be resentenced because the jury did not find him guilty of attempted murder under any theory that would allow for imputed malice [lines="174-176"].

OPINION

*1 Before RUSHING and BENJAMIN, Circuit Judges. [*]

Affirmed by unpublished per curiam opinion.

Bianca A. Hughley, Appellant Pro Se. Daniel E. Farrington, FISHER & PHILLIPS LLP, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

*2 USCA4 Appeal: 24-1667 Doc: 11 Filed: 11/21/2024 Pg: 2 of 2

PER CURIAM:

Bianca A. Hughley appeals the district court’s orders dismissing her civil action and denying her motion to file an amended complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders. Hughley v. Sw. Airlines , No. 1:23-cv-02980-SAG (D. Md. Apr. 18 & June 25, 2024). We deny Hughley’s motion to appoint counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

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[*] This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).