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Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte
by Dale Chappell
A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of Appeals for the Eleventh Circuit held on November 6, 2017.
“Efficiency can be a virtue, particularly for a court. ...
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More from this issue:
- Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
- Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
- Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals, by Dale Chappell
- $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s, by Christopher Zoukis
- New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem, by Christopher Zoukis
- Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
- $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt, by Derek Gilna
- Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
- Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
- Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
- Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
- The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
- Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA, by Derek Gilna
- Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
- Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
- Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal, by Dale Chappell
- NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail, by Christopher Zoukis
- Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
- Texas District Attorney Stops Prosecuting Trace Drug Cases
- Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera, by Derek Gilna
- Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony, by Richard Resch
- Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search, by Christopher Zoukis
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial, by Christopher Zoukis
- 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
- California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial, by Richard Resch
- Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
- $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
- First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home, by Richard Resch
- Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts, by Matthew Clarke
- Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served, by Edward Lyon
- Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte, by Dale Chappell
- $300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies, by Matthew Clarke
- Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims, by Matthew Clarke
- Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause, by Dale Chappell
- Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability, by Jay Schweikert
- Asset Forfeitures Fund New York DA’s Office Bonuses
- U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events
- N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal, by Dale Chappell
- The Sex Offender Registry: It’s Not What You Think, by Sandy Rozek
- Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes, by Steve Horn
- Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy, by Christopher Zoukis
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, by Brandon Sample
- Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It, by Matthew Clarke
- From the Editor, by Richard Resch
- N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information, by Christopher Zoukis
- News in Brief
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled, June 15, 2020. Guilty Pleas, Suppression of Evidence, Motions To Suppress.
- Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, Jan. 21, 2020. Guilty Pleas.
- Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel, Dec. 1, 2019. Guilty Pleas, Attorneys, Overdetention.
- Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, Sept. 17, 2019. Guilty Pleas, Trials, Mental Health.
- Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, Sept. 16, 2019. Guilty Pleas.
- Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty, July 2, 2019. Misconduct/Corruption, Guilty Pleas, Trials.
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, June 17, 2019. Guilty Pleas, Post-release, ex-offender, re-entry.
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, June 17, 2019. Guilty Pleas, Attorneys, Malpractice (Attorneys).
- California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant, April 12, 2019. Guilty Pleas, Suit Waivers.