Legal Opinion

Chad Grady v. United States

Court of Appeals for the Eighth Circuit

Decided October 15, 2001No. 01-1564PublishedCited by 46 opinions

1Opinion of the Court

BYE, Circuit Judge.

When a material dispute of fact prevents a district court from entering summary judgment on an affirmative defense raised by the government in a 28 U.S.C. § 2255 proceeding, the court must conduct an evi-dentiary hearing to resolve the dispute. In the present case, the district court neglected to resolve whether Chad Grady’s § 2255 motion was timely filed, yet the court later granted relief, concluding that Grady’s constitutional rights were violated when he appeared for two hours before a jury venire panel in jail clothes. On appeal, the government contests both the…

2Cases cited6 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Eric A. Moore v. United StatesCourt of Appeals for the Eighth Circuit · 1999
  3. Anthony Wilson Kingsberry v. United StatesCourt of Appeals for the Eighth Circuit · 2000
  4. United States v. Chad Everette GradyCourt of Appeals for the Eighth Circuit · 1993
  5. Michael Montez Porchia v. Larry Norris, Director, Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 2001

1 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Price v. PhilpotCourt of Appeals for the Tenth Circuit · 2005
  2. John Taylor, Jr. v. James BrownCourt of Appeals for the Seventh Circuit · 2015
  3. Elliot Ray v. Marc ClementsCourt of Appeals for the Seventh Circuit · 2012
  4. Dwight Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 2013
  5. Ingram v. JonesCourt of Appeals for the Seventh Circuit · 2007

41 more not listed; retrieve them via the Exa API.

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