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 […]
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, […]
When the remedy under 28 U.S.C. sec 2255 cannot be used to correct a major defect that arises later on in a federal prisoner`s case, most federal courts have recognized the use of the “savings clause” to fix the problem. But in order to use this remedy, a petitioner must meet some very strict guidelines […]
It used to be that filing a second or third habeas corpus petition in federal court was the norm, with the courts following precedent and limiting repeat challenges, such as applying the rule of res judicata to bar claims raised and lost in earlier petitions. But the Antiterrorism and Effective Death Penalty Act of 1996 […]
Zen Law Guy 