Articles
Habeas corpus and 2255
Articles filed under Habeas Corpus, newest first.
Guide: 28 U.S.C. § 2255: The Law Behind a 2255 Motion
- Is It Ineffective for an Appeal Lawyer to Miss a Coming Change in the Law?
It can be. When a change in the law is clearly foreshadowed, an appeal lawyer who skips it may be ineffective, the Sixth Circuit held in Chase v. MaCauley.
- Habeas Gap Delays: California's 120-Day Safe Harbor
The California Supreme Court set a 120-day safe harbor between state habeas petitions. Here is why that matters for the federal one-year deadline.
- Do You Need a Certificate of Appealability to Appeal a Bail Denial?
No. In the Second Circuit, you can appeal the denial of bail during a 2255 case without a certificate of appealability, though you still need one to appeal the final ruling.
- A Rare Habeas Win: Lawyer Never Challenged Un-Mirandized Statements
Habeas relief is rare, but the First Circuit granted it in Rivera v. Thompson because trial counsel never moved to suppress statements taken without Miranda warnings.
- The Supreme Court's 2018-2019 Criminal Cases and How Each Was Decided
Here are the 13 criminal and related cases the Supreme Court heard in its 2018-2019 term, including Gamble, Garza, Haymond, and Timbs, with each result noted.
- How the Gamble Double Jeopardy Argument Went at the Supreme Court
At the December 2018 argument, the justices were wary of overturning a 170-year-old rule, and the Court later kept the separate sovereigns doctrine, 7-2.
- Can the State and the Federal Government Both Prosecute You for the Same Act?
Yes. In Gamble v. United States (2019), the Supreme Court kept the rule that a state and the federal government can each prosecute you for the same act.
- Sessions v. Dimaya: What Justice Gorsuch Asked at the Reargument
Justice Gorsuch cast the deciding vote in 2018 to strike down 18 U.S.C. § 16(b) as vague, and his questions at the 2017 reargument showed where he was headed.
- Can Johnson Be Used to Challenge a Pre-Booker Guideline Sentence?
Only in some circuits, and only if filed by June 26, 2016. The circuits split on Johnson and mandatory guidelines, and the Supreme Court never resolved it.
- Where Do You File a § 2241 Petition, and Whom Do You Name?
File a § 2241 petition in the federal district where you are held and name the warden as your custodian, not the President or the Attorney General.
- My Lawyer's Bad Advice Led Me to Plead Guilty. Can I Undo the Plea?
Possibly. Under Lee v. United States, you can challenge a plea caused by bad advice if you show you would have gone to trial, even with a weak defense.
- Can a Judge Reject a Magistrate's Credibility Findings Without a Hearing?
No. In a 2255 case, a district judge may not reject a magistrate judge's credibility findings without hearing the witnesses again, the Seventh Circuit held.
- Do You Have to Prove You'll Win to Get a Certificate of Appealability?
No. In Buck v. Davis, the Supreme Court held that the only question for a certificate of appealability is whether your claim is debatable, not whether you will win.
- What If Your Post-Conviction Lawyer Missed a Strong Claim?
State prisoners may get a narrow exception under Martinez v. Ryan, but federal prisoners have far fewer options, and Jones v. Hendrix closed the § 2241 route.
- Can a Judge Refuse to Let You Represent Yourself Because of Your Education?
No. A judge cannot deny your request to represent yourself because of limited education, the Seventh Circuit held in Tatum v. Foster.
- My Lawyer Missed My Habeas Deadline. Can I Still File?
If your lawyer truly abandoned you and missed your habeas deadline, a court may let you file late, and the Eighth Circuit ordered a hearing on that question.
- Is Burrage Retroactive? The Santillana Ruling and Jones v. Hendrix
Burrage is retroactive, the Fifth Circuit held in 2017, but Jones v. Hendrix (2023) has since closed the § 2241 route that case used.