Norman E. Smith v. United States

I think Smith’s second motion was a “second or successive motion for similar relief” within the meaning of Section 2255. But I join in remanding the case because, although the trial court was not required by the statute to entertain the motion, I think it abused its discretion, in the legal sense of that term, in not entertaining the motion.

Smith’s second motion was based upon a ground (alleged mental incompetence) not theretofore presented or determined. But that ground was not new; it existed at the time of his first motion. And Smith makes no allegation that he was then ignorant of the…