Legal Opinion
Bernard L. Beyer v. Jon E. Litscher
Court of Appeals for the Seventh Circuit
Decided October 1, 2002No. 01-1583PublishedCited by 22 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
A series of missteps has derailed this litigation.
Bernard Beyer is in prison on two unrelated convictions. The district court concluded that it is imperative to challenge both in a single federal collateral attack, and when Beyer failed to amend his petition challenging the first conviction to add an attack on the second, the court dismissed his separate challenge as “second or successive” within the meaning of 28 U.S.C. § 2244(b).
Next a judge of this court issued a certificate of appealability identifying a single question — “whether a prisoner serving consecutive…
2Cases cited16 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- United States v. James Marcello and Anthony ZizzoCourt of Appeals for the Seventh Circuit · 2000
- Shawn Owens v. William E. Boyd, Warden, Western Illinois Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
- Terry v. Anderson v. Jon E. Litscher, SecretaryCourt of Appeals for the Seventh Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Magwood v. PattersonSupreme Court of the United States · 2010
- Lavin v. RednourCourt of Appeals for the Seventh Circuit · 2011
- Paul Modrowski v. Stephen D. MoteCourt of Appeals for the Seventh Circuit · 2003
- Tony Goodrum v. Timothy BusbyCourt of Appeals for the Ninth Circuit · 2016
- Terrance Bernard Davis v. Thomas G. BorgenCourt of Appeals for the Seventh Circuit · 2003
17 more not listed; retrieve them via the Exa API.