Crowell, Anthony v. Walsh, Edward, et al, No. 96-7192 (D.C. Cir. 1998)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 24, 1998.
United States Court of Appeals for the district of columbia circuit
No. 96-7192 September Term, 1997
Anthony Crowell, 96cv00339 Appellant v.
Edward Walsh, Administrator and Matthew McLean, Deputy Warden, Maximum Security Facility, District of Columbia Department of Corrections, Appellees
Before: Wald, Williams and Tatel, Circuit Judges.
O R D E R
It is ORDERED by the Court that the opinion of July 24, 1998 be amended as follows:
Page 4, end of first full paragraph, after "cases)." insert a footnote 1 as follows:
1. Earlier this month the Supreme Court held that it had certiorari jurisdiction over the Eighth Circuit's denial of a certificate of appealability in a 2255 case filed by a federal prisoner before passage of the AEDPA but appealed thereafter. Hohn v. United States, 118 S. Ct. 1969 (1998). Although the petitioner in that case argued that the certificate of appealability requirement should not apply to such cases, see Brief for Petitioner at 40-44, Hohn v. United States, 118 S. Ct. 1969 (1998), the Court's opinion did not address the question. We therefore treat Lindh as the Court's last word on the subject.
FOR THE COURT: Mark J. Langer, Clerk
Filed on: August 3, 1998
No. 96-7192 September Term, 1997
Anthony Crowell, 96cv00339 Appellant v.
Edward Walsh, Administrator and Matthew McLean, Deputy Warden, Maximum Security Facility, District of Columbia Department of Corrections, Appellees
Before: Wald, Williams and Tatel, Circuit Judges.
O R D E R
It is ORDERED by the Court that the opinion of July 24, 1998 be amended as follows:
Page 4, end of first full paragraph, after "cases)." insert a footnote 1 as follows:
1. Earlier this month the Supreme Court held that it had certiorari jurisdiction over the Eighth Circuit's denial of a certificate of appealability in a 2255 case filed by a federal prisoner before passage of the AEDPA but appealed thereafter. Hohn v. United States, 118 S. Ct. 1969 (1998). Although the petitioner in that case argued that the certificate of appealability requirement should not apply to such cases, see Brief for Petitioner at 40-44, Hohn v. United States, 118 S. Ct. 1969 (1998), the Court's opinion did not address the question. We therefore treat Lindh as the Court's last word on the subject.
FOR THE COURT: Mark J. Langer, Clerk
Filed on: August 3, 1998
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