Opinion

Charles N. Norris v. United States

  • 687 F.2d 899
  • 1982 U.S. App. LEXIS 16619
Court
Court of Appeals for the Seventh Circuit
Filed
Aug 13, 1982
Status
Published
Author
Wood
On the bench
Wood, Cummings, Cudahy, Posner, Bauer
Cited by
143 cases

Declined to follow by United States v. Everett Ray Darnell, 716 F.2d 479 (1983)

concluding that U.S. v. Frady, 348 F.2d 84 (1965) had displaced the analysis of Kaufman v. United States, 350 F.2d 408 (1965) in section 2255 cases

How later courts described this case

  • concluding that U.S. v. Frady, 348 F.2d 84 (1965) had displaced the analysis of Kaufman v. United States, 350 F.2d 408 (1965) in section 2255 cases
  • adopting the cause and actual prejudice standard of U.S. v. Frady, 456 U.S. 152, 167-68, 102 S.Ct. 1584, 1594-95, 71 L.Ed.2d 816 (1982), for evaluating a federal prisoner’s use in a section 2255 motion of a constitutional issue not raised on direct appeal
  • Wood, Circuit Judge, joined by Bauer, Circuit Judge, dissenting from decision not to hear the case en banc
  • finding deliberate bypass test replaced by cause and prejudice test

Written by the judges who cited it.

Later courts went against this

  • Declined to follow by United States v. Everett Ray Darnell, 716 F.2d 479 (1983)

    687 F.2d 899 (7th Cir.1982), we decline to extend the cause and prejudice test to
    Court of Appeals for the Seventh CircuitSep 9, 1983Read it

The opinion

HARLINGTON WOOD, Jr., Circuit Judge,

with whom

BAUER, Circuit Judge, joins, dissenting from decision not to hear the case en banc.

Judge Bauer and I are concerned because a policy issue of importance, which generated a dissent within the panel and “arguably” creates a conflict with a previous decision of this court, is being decided under F.R.A.P. 34(a). That Rule is designed for frivolous cases; or those cases the issues of which have been recently authoritatively decided; or where the facts and legal arguments are adequately briefed and oral argument would not aid the decisional process. Not only was there no oral argument, but petitioner did not have the benefit, and indirectly this court, of counsel. Believing that our opinions, at least in cases of some significance, preferably should result from the effective functioning of the adversary system, we express no views on the merits of the issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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