Legal Opinion
United States v. Alba
District Court, N.D. Indiana
Decided January 21, 1994No. Crim. No. HCR 87-127-1PublishedCited by 1 opinion
1Opinion of the Court
ORDER
MOODY, District Judge.
Defendant Alba, seeking to appeal this court’s denial of his motion pursuant to 28 U.S.C. § 2255, has asked this court to issue a certificate of probable cause. Is issuance of a certificate of probable cause a necessary prerequisite to the appeal?
As relevant to this question, 28 U.S.C. § 2255 states: “[a]n appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.” If this language simply authorizes an appeal, everything after the word “motion” is sur-plusage. Thus, “as from a…
2Cases cited8 opinions
- Robert R. Cuppett v. Jack R. Duckworth, Superintendent, Indiana State ReformatoryCourt of Appeals for the Seventh Circuit · 1993
- Higgins v. SteeleCourt of Appeals for the Eighth Circuit · 1952
- George Freeman Causey v. Benjamin R. Civiletti, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1980
- Artis Scarborough v. United StatesCourt of Appeals for the Eleventh Circuit · 1982
- Elwood Calvin Burger v. United StatesCourt of Appeals for the Fifth Circuit · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matheney v. AndersonDistrict Court, N.D. Indiana · 1999