Citing the need to respect the finality of state convictions, the Supreme Court of the United States (SCOTUS) held on April 21, 2022, that a constitutional trial error that`s found to be “substantial and injurious” on the verdict must also clear the Antiterrorism and Effective Death Penalty`s (AEDPA) lower bar on federal habeas relief. Ervine…
Jurisdiction has many meanings, but in federal habeas corpus it refers to the federal court`s authority to grant relief. While there`s all sort of “shalls” and “musts” in the federal habeas statutes, not all of them are jurisdictional bars to relief. In fact, most of these directives can be waived or ignored to allow relief,…
When the remedy under 28 U.S.C. sec 2255 cannot be used to correct a major defect that arises later on in a federal prisoner`s case, most federal courts have recognized the use of the “savings clause” to fix the problem. But in order to use this remedy, a petitioner must meet some very strict guidelines…
When someone rejects my proposed theory on something, I tend to take it as if they`re rejecting me personally. While I know this isn`t the case (I hope), it has been a powerful lesson in how I judge people who have opinions that differ from mine. And I think it can be a powerful lesson…
It used to be that filing a second or third habeas corpus petition in federal court was the norm, with the courts following precedent and limiting repeat challenges, such as applying the rule of res judicata to bar claims raised and lost in earlier petitions. But the Antiterrorism and Effective Death Penalty Act of 1996…
While your right to federal habeas corpus is protected by the Constitution, your ability to appeal the denial of habeas relief is not. Under the Antiterrorism and Effective Death Penalty Act (AEDPA), Congress severely limited the ability of prisoners in appealing the denial of habeas relief. Let`s take a closer look at the procedures for…
Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there`s a catch: Only if the court says that you can. Congress limited the ability to appeal the denial of habeas relief under the Antiterrorism and Effective Death Penalty Act (AEDPA), requiring several steps before the court…
There are several motions you can file after the denial of your federal habeas corpus case, and they all have their own rules. Here, we will go over two of the most common post-judgment motions filed in federal habeas cases: Rule 59(e) and Rule 60(b) of the Federal Rules of Civil Procedure. While both will…
The court`s order deciding your federal habeas corpus case and its subsequent judgment are important to understand, since all future steps will depend on these two things. While the judgment is the thing that ends a habeas case in the district court, it`s the order that provides the court`s reasons for granting or denying relief….
If you`re filing for post-conviction relief under 28 U.S.C. sec 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful sec 2255 motions are often based on claims asserting facts that are not in the record. Indeed, the primary purpose of an evidentiary hearing is to reconcile…
