(Download) "In Re Page" by Seventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

August 02, 2021

eBook details

Title: In Re Page
Author : Seventh Circuit U.S. Court of Appeals
Release Date : January 11, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 46 KB

Description

This is a sequel to Neal v. Gramley, 99 F.3d 841 (7th Cir. 1996), in which we affirmed the denial of Neals petition for habeas corpus. In the course of that opinion, we denied his motion to defer action on his appeal from that denial until a state court in which he had filed a petition for post-conviction relief based on state law grounds conducted an evidentiary hearing. We pointed out that Neals lawyer had acknowledged that the purpose of his motion was to circumvent the limitations that 28 U.S.C. sec. 2244(b)(2) places on the filing of a second or subsequent petition for federal habeas corpus. 99 F.3d at 846. He hoped that if we deferred acting on his petition, he could, if and when he lost in the state court, amend that petition to add a challenge to the state courts action, rather than having to file a second federal habeas corpus petition.