ANDERSON v. LITSCHER, 01-2627
Where both constitutional and procedural issues were certified for appeal pursuant to 28 U.S.C. sec. 2253(c), but on appeal the defendant ignored the constitutional issues and briefed only the antecedent statutory question of timeliness, he waived the constitutional claims on which his Certificate of Appealability was predicated and which would entitle him to habeas relief.
- Argued 01/17/2002
- Decided 02/25/2002
- Published 02/25/2002
- BAUER, Circuit Judge., Before FLAUM, Chief Judge, BAUER and EASTERBROOK, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Ralph A. Kalal (argued), Kalal & Associates, Madison, WI, for Petitioner-Appellant.
- For Appellees:
- William C. Wolford (argued), Office of Atty., General, Wisc. Dept. of Justice, Madison, WI, for Respondent-Appellee.