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 […]
I`ve read many postconviction books over the years of working in the federal habeas corpus field and noticed there were always more questions I had while reading them that those books couldn`t answer. This led me to write my own postconviction books, mainly to answer those questions I had because I figured others had the […]
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 […]
Zen Law Guy 