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Wiggins v Henderson

District of Columbia federal court was not rendered "state court" by applying District of Columbia criminal law, and thus habeas petitioners were not required to obtain certificate of appealability before filing petitions.

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Argued September 4, 2001

In this case we affirm the decisions of the district court to dismiss the separate petitions for writs of habeas corpus filed by Charles E. Wiggins and Curtis E. Crawford pursuant to 28 U.S.C. s 2253. The reasons for our decisions follow.

The issues presented are principally procedural, and require a brief review of earlier proceedings. In 1972, the United States charged Charles E. Wiggins with first degree murder in violation of the District of Columbia Code. At that time, the current District of Columbia Superior Court did exist, but jurisdiction of homicides under the District of Columbia Code remained in the United States District Court for the District of Columbia. District of Columbia Court Reorganization Act of 1970, Pub. L. No. 91-358, title I, ss 111, 199(c), 84 Stat. 473, 477, 482, 486, 598 (codified in part at D.C. Code ss 11-502(2)(A)(v), 11-901, 11-923(b)(2)). Wiggins was convicted in the district court, but we set aside the conviction for the prejudicial trial use of an alleged confession to other murders. United States v. Wiggins, 509 F.2d 454 (D.C. Cir. 1975). We also set aside a second conviction. Following the third trial, we affirmed conviction. See Wiggins v. Henderson, No. 94-2609, slip op. at 2 (D.D.C. Nov. 22, 1999). Wiggins is currently serving a sentence of twenty years to life in prison for his conviction of murder.

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