Legal Opinion
Frank J. Ruiz v. Elmer O. Cady
Court of Appeals for the Seventh Circuit
Decided September 30, 1981No. 81-1164PublishedCited by 27 opinions
1Opinion of the Court
FAIRCHILD, Senior Circuit Judge.
This appeal raises the question whether the district court abused its discretion in granting Frank Ruiz’ petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. That petition was granted, without determination of the merits, because the Wisconsin attorney general failed to comply with a court order requiring that copies of the state court transcript of Ruiz’ trial be filed within twenty days. The district court later denied the respondent’s 60(b) motion for relief from the grant of the writ. We conclude that to impose such a drastic remedy in this…
2Cases cited12 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Theodore R. Allen v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1970
- Doyle A. Jones v. The Honorable Terry L. Shell, United States District Judge for the Eastern District of ArkansasCourt of Appeals for the Eighth Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Barrera-Montenegro v. USA & Drug Enforcement AdministrationCourt of Appeals for the Fifth Circuit · 1996
- Willie Gordon v. Robert DuranCourt of Appeals for the Ninth Circuit · 1990
- Robert C. Bleitner v. George C. Welborn and Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1994
- Caristo v. SullivanNew Mexico Supreme Court · 1991
- Billy Ray Hale v. A.L. Lockhart, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1990
22 more not listed; retrieve them via the Exa API.