Most of the time, a direct appeal will expose a defense lawyer’s errors. But it’s hard to see them because too often they are disguised as errors made by the court. If you want to find good ineffective assistance of counsel (IAC) claims, slow down and look at the direct appeal. It will tell you…
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…
Quite an active week for 2255 motions! Here’s a rundown of some cases I found that could be helpful to those seeking relief from wrongful convictions and sentences. As always, hit me up if you want to talk about pursuing relief. I’ve got a ton of info on postconviction relief from my books that I…
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….
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…
Leeds v. Russell, No. 21-16813, 2023 U.S. App. LEXIS 19081 (9th Cir. July 26, 2023) In 2006, a Nevada jury convicted Leeds of first-degree murder. Although Petitioner resided at the house where the murder occurred, the prosecution presented a felony-murder theory at trial, alleging that Petitioner committed the murder during the course of a burglary…
Federal Prison Newsletter, Week Ending Apr 28, 2023 Elijah v. Dunbar, No. 21-7352, 2023 U.S. App. LEXIS 9592 (4th Cir. Apr. 21, 2023) Objections to R&R Don’t Have to Be Overly Precise to be Sufficient for De Novo Review Petitioner filed a habeas petition and claimed that the BOP was refusing to apply First Step…
Newsletter, Week Ending Apr 21, 2023 I figured I’d give a rundown of some notable cases I found this week, along with some of my comments. I used to do this but switched to analyzing one case a week to help people use the case for relief. However, there’s too much good stuff out there…
Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in a habeas corpus appeal could not be revived after a remand from the Supreme Court. See Stokes v. Stirling, 2023 U.S. App. LEXIS 6881 (Mar….
United States v. Cannady, No. 20-6906, — F.4th — (4th Cir. Mar. 24, 2023) Hot off the press just minutes ago, the Fourth Circuit vacated the denial of a 28 U.S.C. § 2255 motion and held that a federal drug conspiracy, under 21 U.S.C. § 846, is broader than generic federal conspiracy and was therefore…
