Legal Opinion
Ralph McIver v. United States
Court of Appeals for the Eleventh Circuit
Decided September 30, 2002No. 01-10507PublishedCited by 56 opinions
1Opinion of the Court
BARKETT, Circuit Judge:
Ralph Mclver, a federal prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2255 motion as a second or successive motion filed without the permission of the court of appeals. Because his prior motion was a successful motion to file an out-of-time notice of appeal — in other words, one that simply protected his right to a direct appeal' — he argues that it should not count against him in subsequent collateral proceedings. We agree, and therefore join the majority of our sister circuits in holding that a successful motion to file an out-of-time notice of…
2Cases cited21 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- Rodriquez v. United StatesSupreme Court of the United States · 1969
- Willie Clisby, Cross-Appellant v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Stewart v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- John K. Henderson v. Robert O. LampertCourt of Appeals for the Ninth Circuit · 2005
- Miguel Vasquez v. Michael ParrottCourt of Appeals for the Second Circuit · 2003
- In Re: Ilori Babajide OlabodeCourt of Appeals for the Third Circuit · 2003
- Steven Bernard Boyd v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
51 more not listed; retrieve them via the Exa API.