Legal Opinion
United States v. Jesus Alfredo Orozco, Jr.
Court of Appeals for the Fifth Circuit
Decided December 31, 1996No. 96-50402PublishedCited by 18 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
We must determine, sua sponte, whether those provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) which govern appeal of a district court’s final order in a 28 U.S.C. § 2255 proceeding apply to eases pending when AEDPA was enacted, but for which the final order and appeal occurred post-enactment; and if they do, whether, under AEDPA, we construe a notice of appeal as the AEDPA-mandated request for a certificate of appealability, when the request has not been filed. We answer both questions in the affirmative; but, concluding…
2Cases cited17 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. Orrin Shaid, Jr.Court of Appeals for the Fifth Circuit · 1991
- Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
- Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Rafat AsrarCourt of Appeals for the Ninth Circuit · 1997
- Marcus Lozada and Jose Orlando Mieles v. United StatesCourt of Appeals for the Second Circuit · 1997
- United States v. Kenneth Karl KimlerCourt of Appeals for the Fifth Circuit · 1998
- United States v. YoungbloodCourt of Appeals for the Fifth Circuit · 1997
- Hill v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
13 more not listed; retrieve them via the Exa API.