The Federal ReporterWest Publishing Company, 1960 |
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Σελίδα 929
... motion was a " second or successive motion for similar relief " within the meaning of Section 2255. But I join in remanding the case because , although the trial court was not required by the statute to entertain the motion , I think it ...
... motion was a " second or successive motion for similar relief " within the meaning of Section 2255. But I join in remanding the case because , although the trial court was not required by the statute to entertain the motion , I think it ...
Σελίδα 934
... motion , which is now before us , if " treated " as under § 2255 , is undoubtedly a second motion thereun- der on behalf of the same prisoner . I suppose nobody will deny that . The only question then is whether it is " for simi- lar ...
... motion , which is now before us , if " treated " as under § 2255 , is undoubtedly a second motion thereun- der on behalf of the same prisoner . I suppose nobody will deny that . The only question then is whether it is " for simi- lar ...
Σελίδα 935
... motion , I think it abused its discretion in not doing so . The non sequitur be- comes even more apparent when we note that the words " although the trial court was not required by the statute to enter- tain the motion , " do not tell ...
... motion , I think it abused its discretion in not doing so . The non sequitur be- comes even more apparent when we note that the words " although the trial court was not required by the statute to enter- tain the motion , " do not tell ...
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