Tag: Ineffective Assistance of Counsel

Federal Postconviction

Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops

It’s not too often that the government files a motion to dismiss an indictment in a serious case. So, when I see that happen, I start digging into the case to find out why. It’s not like the government says in its motion why it wants to dismiss an indictment, and it’s usually some vague language that the “interest of justice” requires dismissal. Here’s a … Continue reading Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops

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Federal Postconviction

Habeas Claim Not Contradicted by Record Requires Hearing

It used to be that evidentiary hearings in habeas corpus cases were the norm since habeas claims are usually based on facts that occurred off the record, and a hearing is a good way to develop the record with those facts. But courts routinely deny hearings now. This case provides insight into why evidentiary hearings in habeas cases are still the preferred method for developing … Continue reading Habeas Claim Not Contradicted by Record Requires Hearing

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Federal Postconviction

Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice

In a rare move, a federal court of appeals acknowledged that a defendant under “unusual stress” during a sentencing hearing can render the court’s advice insufficient to cure his defense attorney’s bad advice about filing an appeal. Edward Abreu pled guilty pursuant to a plea agreement to conspiracy to distribute at least 500 grams but less than 5 kilograms of cocaine. Under the terms of … Continue reading Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice

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Federal Postconviction

Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal

When Marvin Johnson maintained his innocence and refused to plead guilty to a drug-related murder in a racketeering case, this did not undercut his claim in a postconviction motion that he would have taken a favorable plea offer. That’s what the U.S. Court of Appeals for the Second Circuit said when he appealed the denial of his motion to vacate his conviction under 28 U.S.C. … Continue reading Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal

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Federal Postconviction

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 a lot about the defense lawyer. In this case, Mr. … Continue reading Here’s How to Use A Loss On Direct Appeal To Support A Postconviction Challenge

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Federal Postconviction

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 a court usually allows amended claims unless they clearly don’t … Continue reading 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.

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News

Federal Prison Newsletter Week of Aug 17

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 can share with you. Lack of Knowledge of State Indictment … Continue reading Federal Prison Newsletter Week of Aug 17

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Criminal Defense & Sentencing, Federal Postconviction

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. Through a motion under 28 U.S.C. § 2255, Elion argued … Continue reading Illinois Prior Look-Alike Drug Conviction No Good for Career Offender

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Federal Postconviction

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 Shinn v. Ramirez, 142 S. Ct. 1718 (2022). This post … Continue reading Understanding the Martinez Cause and Prejudice Standard for Ineffective Assistance of Counsel Claims

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Federal Postconviction

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 because he entered the home’s garage as he struggled with … Continue reading Counsel Failed to Argue that Person Cannot Burglarize Own House, Habeas Relief Granted

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