Darrell D. Cage v. McCaughtry, 305 F.3d 625 (7th Cir. 2002) For Cage: Calvin R. Malone Issue/Holding: “When we make a mistake and issue a certificate of appealability that specifies an improper ground, counsel for both sides, rather than indulging a fiction of judicial infallibility, should inform us before briefing begins and ask us to amend… Read more
4. Procedure
Bernard L. Beyer v. Litscher, 306 F.3d 504 (7th Cir. 2002) Issue/Holding: Certificate of Appealability required by 28 U.S.C. § 2253(c)(3) must specifically identify a substantial constitutional issue. Declaration of purely statutory issue isn’t enough, and it is incumbent on counsel to bring this defect to the appellate court’s attention. Nonetheless, this appellant is allowed to proceed, though future litigants are cautioned… Read more
