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Criminal Law

: Tenth Circuit Blog

Successive Nature of 2255 Petition Appealable

By Shari Allison

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U.S. v. Harper, 2008 WL 4756393 (10/31/08) (Published) - The district court's denial of a 28 USC § 2255 motion on the grounds that it was successive and had not been previously authorized by the 10th is a final order appealable to the 10th. It is also subject to the § 2253 certificate of appealability requirement. The district court had obviously made the correct decision in this case, the 10th says.

Full post as published by Tenth Circuit Blog on November 04, 2008 (boomark / email).

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