Legal Opinion
United States v. Frank Peter Balistrieri
Court of Appeals for the Seventh Circuit
Decided October 2, 1979No. 78-2512PublishedCited by 28 opinions
1Opinion of the Court
MOORE, Senior Circuit Judge:
This appeal presents an interesting issue of first impression in this court: On a motion in the nature of a writ of error coram nobis to vacate a judgment of conviction in a criminal case, should the district court apply the Federal Rules of Civil Procedure or the Rules of Criminal Procedure? We believe that the district court may draw from both sets of rules.
Frank Peter Balistrieri appeals from the denial of his motion in the nature of a writ of error coram nobis (hereinafter referred to as a “coram nobis motion”) by order of the United States District Court for…
2Cases cited23 opinions
- United States v. MorganSupreme Court of the United States · 1954
- United States v. HaymanSupreme Court of the United States · 1952
- Heflin v. United StatesSupreme Court of the United States · 1959
- United States v. MayerSupreme Court of the United States · 1914
- United States v. James Vincent KeoghCourt of Appeals for the Second Circuit · 1968
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Trenkler v. United StatesCourt of Appeals for the First Circuit · 2008
- Telink, Inc. Burnup & Sims, Inc. v. United States of America, County of Fresno, County of San Diego, Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1994
- Elius Lamar Reed v. Amax Coal CompanyCourt of Appeals for the Seventh Circuit · 1992
- United States v. Conrad Lee JohnsonCourt of Appeals for the Sixth Circuit · 2001
- United States v. Anthony Scherer, Jr.Court of Appeals for the Seventh Circuit · 1982
23 more not listed; retrieve them via the Exa API.