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 […]
It`s long been said that a valid guilty plea goes a long way in barring post-conviction relief in the courts. While that can be true for challenges to the guilty plea itself, it`s often not true for challenges to a sentence resulting from that guilty plea. After navigating the procedural hurdles for these claims, federal […]
If you want to know what`s in my Insider`s Guide series of postconviction books, just take a look at the federal habeas corpus posts on my blog lately. Most of these posts are adapted directly from those books. These writings are the culmination of years of fulltime study of federal habeas corpus procedures. I`ve taken […]
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, […]
Zen Law Guy 