United States Seventh Circuit

Disputes about a habeas petition's timeliness do not support an appeal absent a substantial constitutional issue, but if a defective certificate issues, counsel for the petitioner must make every effort to identify an issue that satisfies 18 USC 2253(c)(2), or dismissal of the appeal will follow.

Appellate Information

• Decided 09/04/2001
• Published 09/04/2001

Judges

• EASTERBROOK, Circuit Judge., Before EASTERBROOK, MANION, and DIANE P. WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gretchen A. Holderman (submitted a brief), Lillie & Holderman, Cleveland, OH, for petitioner-appellant.


• For Appellees:
  
• Michael C. Carr (submitted a brief), Office of the U.S. Attorney, Benton, IL, for respondent-appellee.