by Dale Chappell
Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability to appeal the denial of habeas relief under the Antiterrorism and Effective Death Penalty Act ...
by Dale Chappell
In resolving a split among U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held on June 21, 2022, that an attempted Hobbs Act robbery is not categorically a crime of violence to support a separate conviction for use of a firearm under federal ...
by Dale Chappell
In a ruling that will likely change how petitioners in federal habeas corpus cases challenge “mistakes” in their cases, the Supreme Court of the United States (“SCOTUS”) held that the term “mistake” in Rule 60(b)(1) includes judicial errors of law and that motions cognizable under that Rule ...
by Dale Chappell
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 ...
by Dale Chappell
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. § 2255. My answer is always the same: It depends, but it can happen.
Usually, a § 2255 motion attacking a guilty plea ...
by Dale Chappell
In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim in state court does not excuse the bar to an evidentiary hearing in the ...
by Dale Chappell
After you’ve filed your petition for habeas relief in federal court, you may decide to take further actions, such as filing a motion to “stay” your proceedings, to appoint counsel, or to release you on bond pending the outcome of your habeas case. Much of the authority ...
by Dale Chappell
A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing Act of 2010 (“FSA”), even if the offense includes a non-qualifying drug, the U.S. Court of Appeals for the ...
by Dale Chappell
The proper remedy in granting federal habeas corpus relief to a state prisoner is within the discretion of federal courts and not dependent on what is required by state law, the U.S. Court of Appeals for the Sixth Circuit held.
After the U.S. District Court for the ...
by Dale Chappell
After the discovery that the prosecution withheld key pieces of evidence that may have exonerated a man convicted and sentenced to death, the U.S. Court of Appeals for the Sixth Circuit held that this was enough to reopen the door for federal habeas corpus, despite the strict ...
