GUENTHER v. HOLT

Nos. 98-6296, 98-6297.

173 F.3d 1328 (1999)

Carl Francis GUENTHER, Petitioner-Appellant, v. Arnold HOLT, Warden, et al., Respondents-Appellees. Samuel Jackson, Petitioner-Appellant, v. Billy Mitchem, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 27, 1999.


Attorney(s) appearing for the Case

Jennifer Hart, Assistant Federal Public Defender, Kevin L. Butler, Montgomery, AL, for Guenther and Jackson.

Jack W. Willis, Montgomery, AL, for Holt and Pryor.

Frances R. Clement, Assistant Attorney General, Montgomery, AL, for Mitchem and Pryor.

Before ANDERSON and HULL, Circuit Judges, and HANCOCK , Senior District Judge.


ANDERSON, Circuit Judge:

In the two cases consolidated for this appeal, the district court dismissed the petitioners' applications for a writ of habeas corpus as second or successive and refused to transfer the applications to this court pursuant to 28 U.S.C. § 1631. Because such a transfer could not have helped one of the petitioners, and was unnecessary with respect to the other, we decline to decide the issue of whether a § 1631 transfer was potentially...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases