Written by Dale Chappell, the Zen Law GuyMay 24, 2022

Attacking the Guilty Plea: Court Threatens More Time in Child Porn Case if Post-Conviction Motion Successful

zlg, 1/1 archive, I`m always asked whether the court can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. sec 2255. My answer is always the same: It depends, but it can happen. Usually, a sec 2255 motion attacking a guilty plea opens the door for any […]

Written by Dale Chappell, the Zen Law GuyDecember 14, 2021January 5, 2022

CORAM NOBIS BLASTS THROUGH AEDPA BAR

By Dale Chappell Tavera v. United States, 2021 U.S. Dist. LEXIS 113121 (EDNY June 16, 2021) The writ of coram nobis has been called an “ancient remedy” by some, and the courts have called it an “extraordinary remedy” that’s rarely used anymore. But this case proves that coram nobis can also be a battering ram […]