Legal Opinion
Kevin D. Johnson v. Richard B. Gramley
Court of Appeals for the Seventh Circuit
Decided April 8, 1991No. 89-3795PublishedCited by 11 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Kevin Johnson, a state prisoner, filed a petition for habeas corpus, 28 U.S.C. § 2254, which the district judge dismissed under Rule 4 of the Rules Governing Section 2254 — a rule that authorizes the summary dismissal of a frivolous such petition. But then the judge — without explanation— granted Johnson a certificate of probable cause, thus certifying that Johnson had a non-frivolous ground of appeal. 28 U.S.C. § 2253. Without such a certificate, Johnson, an indigent, could not have appealed.
If Johnson had a nonfrivolous ground of appeal, how could his petition have…
2Cases cited5 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Edgar M. Hendricks v. Daniel Vasquez, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- Albert Earle Smith-Bey v. Hospital AdministratorCourt of Appeals for the Seventh Circuit · 1988
- Rowland Dory v. Commissioner of Correction of the State of New York and Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1989
3Cited by11 opinions
- James Small, Jr. v. Superintendent Jeff Endicott and Kenosha County Circuit Court, 1Court of Appeals for the Seventh Circuit · 1993
- Alvin Love v. Norman ButlerCourt of Appeals for the First Circuit · 1991
- Jarvis Lee Tolefree v. Richard D. CudahyCourt of Appeals for the Seventh Circuit · 1995
- Ferguson v. McCaughtryDistrict Court, E.D. Wisconsin · 1992
- Adrian Lomax v. Karl Brekke and Donald GudmansonCourt of Appeals for the Seventh Circuit · 1993
6 more not listed; retrieve them via the Exa API.