United States v. George W. Barger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when a district court grants a petitioner the right to file a direct appeal because of a § 2255 motion, the other claims should be dismissed without prejudice
• stating that when a district court grants a petitioner the right to file a direct appeal as a result of a § 2255 motion, the district court should properly dismiss the other claims without prejudice
• stating that when a district court grants a petitioner the right to file a direct appeal as a result of a § 2255 motion, the district court should properly dismiss the other claims without prejudice
• “Properly, the court should have dismissed the claims without prejudice giving Barger an opportunity to raise the issues after the disposition of this appeal.”
• “[A] district court should not consider a § 2255 motion while a direct appeal is pending, absent extraordinary circumstances”
• when granting the right to file a direct appeal, the district court should dismiss the claims without prejudice

Source: CourtListener parenthetical corpus (CC0).