Legal Opinion
United States v. Evans
Court of Appeals for the Seventh Circuit
Decided August 18, 2000No. 99-1187PublishedCited by 66 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
This appeal presents the question whether a motion for a new trial, purportedly based on Fed.R.Crim.P. 33, is a collateral attack on a criminal judgment, and therefore subject to the rule that advance appellate approval is required to initiate a successive collateral attack. 28 U.S.C. § 2255 ¶ 8. Two of our decisions — United States v. Woods, 169 F.3d 1077 (7th Cir.1999), and O’Connor v. United States, 133 F.3d 548 (7th Cir.1998) — reserve this question for future decision. The future is now, and we hold that any post-judgment motion in a criminal proceeding that…
2Cases cited24 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Brady v. MarylandSupreme Court of the United States · 1963
- Herrera v. CollinsSupreme Court of the United States · 1993
- Calderon v. ThompsonSupreme Court of the United States · 1998
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
19 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Timothy Melton v. United StatesCourt of Appeals for the Seventh Circuit · 2004
- Kenneth Conley v. United StatesCourt of Appeals for the First Circuit · 2003
- United States v. Anthony A. SmithCourt of Appeals for the Seventh Circuit · 2001
- Isiah Kitchen v. United StatesCourt of Appeals for the Seventh Circuit · 2000
- United States v. RollinsCourt of Appeals for the Seventh Circuit · 2010
61 more not listed; retrieve them via the Exa API.