Here’s How to Use A Loss On Direct Appeal To Support A Postconviction Challenge

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…

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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…

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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….

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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…

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Counsel Failed to Argue that Person Cannot Burglarize Own House, Habeas Relief Granted

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…

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Fourth Circuit Reinstates Relief from Death Penalty, Citing State’s Forfeiture of Argument Against Relief

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….

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Federal Drug Conspiracy No Good for Career Offender Enhancement, and Counsel was Ineffective for Not Raising the Challenge

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…

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