Legal Opinion

United States v. John P. Skandier

Court of Appeals for the Third Circuit

Decided September 22, 1997No. 97-3129PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

Title 28 U.S.C. § 2253, which was enacted as Part of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), in relevant part provides:(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—

(B) the final order in a proceeding under § 2255.(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.

Prior to AEDPA, a 28 U.S.C. § 2255 petitioner could pursue an…

2Cases cited15 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. John R. Tiedeman v. Dennis Benson, Warden, State of MinnesotaCourt of Appeals for the Eighth Circuit · 1997
  4. Green v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
  5. Wayne Paul Burkett v. William Love, Superintendent, Answering Blair County District AttorneyCourt of Appeals for the Third Circuit · 1996

10 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Thomas McCandless v. Donald T. Vaughn the Attorney General of the State of Pennsylvania District Attorney for Philadelphia CountyCourt of Appeals for the Third Circuit · 1999
  2. Reynaldo Sandoval v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service Department of Justice and J. Scott Blackman, Acting District Director of the Immigration and Naturalization Service, Reynaldo Sandoval v. Immigration & Naturalization ServiceCourt of Appeals for the Third Circuit · 1999
  3. Slack v. McDanielSupreme Court of the United States · 2000
  4. James Baker v. James F. Barbo Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
  5. Jonathan Fuller v. Ernie Roe, Warden State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999

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