context: The district court found that Widgery deliberately failed to pursue his appeals from the denials of his second and third motions for new trial.
citation_a.signal: see also
citation_a.identifier: 746 F.2d 415, 415
citation_a.parenthetical: circumstances of case render unnecessary a determination of whether the Frady standard applies if defendant fails to raise an issue on direct appeal
citation_a.sentence: See Morris v. United States, 687 F.2d 899, 904 (7th Cir.1982) (cause and prejudice standard is applicable in determining whether an issue not raised on direct appeal can be challenged in a 2255 proceeding); see also Earley, 746 F.2d at 415 (circumstances of case render unnecessary a determination of whether the Frady standard applies if defendant fails to raise an issue on direct appeal); United States v. Auerbach, 745 F.2d 1157, 1160 (8th Cir.1984) (issue of whether cause. and prejudice standard should apply if defendant fails to raise issue on direct appeal will not be considered because the government did not raise the issue below).
citation_b.signal: see
citation_b.identifier: 687 F.2d 899, 904
citation_b.parenthetical: cause and prejudice standard is applicable in determining whether an issue not raised on direct appeal can be challenged in a 2255 proceeding
citation_b.sentence: See Morris v. United States, 687 F.2d 899, 904 (7th Cir.1982) (cause and prejudice standard is applicable in determining whether an issue not raised on direct appeal can be challenged in a 2255 proceeding); see also Earley, 746 F.2d at 415 (circumstances of case render unnecessary a determination of whether the Frady standard applies if defendant fails to raise an issue on direct appeal); United States v. Auerbach, 745 F.2d 1157, 1160 (8th Cir.1984) (issue of whether cause. and prejudice standard should apply if defendant fails to raise issue on direct appeal will not be considered because the government did not raise the issue below).