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Article • February 1, 2004 • from P&J January, 2005
Melton v. U.S., No. 03-3903 (7th Cir.) (359 F.3d 855) (February 13, 2004) (Judge Frank H. Easterbrook) by Here the Court dismissed the prisoner's self-styled petition for a writ of audita querela, concluding that it was, in substance, a second or successive motion under 28 U.S.C. § 2255 for which …
Article • September 1, 1997 • from P&J September, 1997
Doe v. I.N.S., No. 97-16093 (9th Cir.) (120 F.3d 200) (July 29, 1997) (Judge Diarmuid F. O'Scannlain) by Citing a number of other decisions, the Court observed that the 1946 Amendments to the Fed.R.Civ.P 60(b) expressly abolished several common law writs, including audita querela and coram nobis in civil proceedings; …