Federal Postconviction
When Should a Court Allow an Amendment to a Civil Claim in Federal Court? Whenever it Relates Back, and that Happens More Often than Not.
It is well established that once the one-year deadline is up for a movant filing to vacate their conviction in federal court under 28 U.S.C. § 2255, no new claims can be raised unless they “relate back” to the original claims in the motion. However, this rule is liberally applied to pro se litigants, and…
Federal Court Overturns Firearm Convictions, Despite Leaving Life Sentences Intact
Even though a federal court upheld a prisoner’s life sentence for a RICO murder conviction, it still granted postconviction relief and vacated two illegal convictions for use of a firearm in furtherance of a crime of violence, in light of some recent Supreme Court decisions. Delroy Lee was convicted by a jury of numerous federal…
Illinois Prior Look-Alike Drug Conviction No Good for Career Offender
Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term….
Actual Innocence Exception Allows Grant of Late Postconviction Motion to Overturn 924(c) Conviction
Barriera-Vera v. United States, No. 23-cv-1333-SCB-TGW, 2023 U.S. Dist. LEXIS 134678 (M.D. Fla. July 10, 2023) In a shocking move, the U.S. District Court for the Middle District of Florida granted postconviction relief to a prisoner who filed his motion three years too late, saying the “actual innocence exception” forgave his lateness. Jose Barriera-Vera was…
Judge Imposes $40,000 Fine on Prisoner for Filing Frivolous Motion
United States v. Akers, No. 21-3226, 2023 U.S. App. LEXIS 20142 (10th Cir. Aug. 4, 2023) Montgomery Akers’ encounters with the federal court system began with a conviction for wire fraud in 2005, a single spark that ignited a flood of legal filings marked by questionable motives and repetitive claims, according to the U.S. Court…
Court Says Judge Could Impose Harsher Sentence After Successful Appeal
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) The U.S. Court of Appeals for the Fourth Circuit concluded that a sentencing judge wasn’t vindictive during resentencing when she considered a prisoner’s bad conduct in prison, plus the various facts of a state case that was resolved after…
Eleventh Circuit Says Florida Drug Conviction No Good for Federal ACCA Sentence
United States v. Miles, No. 21-12609, 2023 U.S. App. LEXIS 19662 (11th Cir. July 31, 2023) In a case of first impression, the U.S. Court of Apeals for the Eleventh Circuit held on July 31, 2023, that a conviction for possessing an ingredient to manufacture methamphetamine was not a valid prior conviction for purposes of…
Supreme Court Implicitly Says It’s Ok to Execute the Mentally Ill
By Dale Chappell In a recent dissent authored by Justice Sotomayor in a death penalty case, the intricate interplay between mental competence and the application of the death penalty took center stage. The opinion delved into the case of Johnny A. Johnson, an individual with a documented history of severe mental illness, whose competency to…
Connecticut Supreme Court Says Plain Error Standard Applies to Unpreserved Claims on Habeas Appeal
In the realm of habeas appeals, a critical issue arises when a petitioner files a petition for a writ of habeas corpus challenging a conviction after an extended period. This post examines a recent case involving a self-represented petitioner who sought habeas relief more than five years after his conviction and the subsequent denial of…
Understanding the Martinez Cause and Prejudice Standard for Ineffective Assistance of Counsel Claims
In the realm of post-conviction proceedings, the cause and prejudice standard is a significant legal doctrine that can help prisoners overcome procedural default of their ineffective assistance of counsel (IAC) claims. This standard was established by the Supreme Court in Martinez v. Ryan, 566 U.S. 1, 132 S. Ct. 1309 (2012), and further clarified in…