United States Fifth Circuit

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Bailey v. Cain, 08-31222

In a murder prosecution, petitioner's appeal of the denial of his habeas petition is dismissed and the denial of petitioner's Fed. R. Crim. P. 60 motion is affirmed where: 1) omitted from petitioner's motion for a certificate of appealability was a specific reference to the judgment or order from which appeal was taken; and 2) petitioner made no attempt to show that he could not have obtained a transcription sooner if it were necessary to make his case before the district court.

Appellate Information

  • Decided 06/25/2010
  • Published 06/25/2010


  • HAYNES, Circuit Judge:, Before JONES, Chief Judge, and KING and HAYNES, Circuit Judges.


  • United States Fifth Circuit