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Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule
Loaded on June 15, 2020
by Dale Chappell
published in Criminal Legal News
July, 2020, page 14
Filed under:
Habeas Corpus,
U.S. Sentencing Guidelines,
Mandatory Minimum Sentence.
Location:
North Carolina.
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on a court decision that existed earlier but was not made retroactive until after the direct appeal and first ...
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More from this issue:
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- News in Brief
More from Dale Chappell:
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- 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
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