United States Eleventh Circuit

When the district court re-characterized appellant's post-conviction motion as a petition under 28 U.S.C. section 2255, appellant's subsequent attempt to file a section 2255 petition was a "second or successive" petition within the purview of AEDPA; judges should warn petitioners of the consequences of this re-characterization in the future.

Appellate Information

• Decided 05/07/2002
• Published 05/07/2002

Judges

• WILSON, Circuit Judge:, Before WILSON, RONEY and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael G. Frick,Norman Daniel Lovein, Hall, Booth, Smith & Slover, PC, Brunswick, GA, for Petitioner-Appellant.


• For Appellees:
  
• Amy Lee Copeland, Savannah, GA, for Respondent-Appellee.