Richard Arlee Champion v. United States
DueProcess HabeasCorpus Privacy
When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determination
QUESTION(S) PRESENTED . I. WHEN DETERMINGING THE TIMLINESS OFA MOTION TO VACATE PURSUANT TO 28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN MAKING THAT DETERMINATION ; II. CAN A DEFENDANT SECURE A FIFTH AMENDMENT DUE PROCESS VIOLATION RESULTING FROM PREJUDICIAL PRE INDICTMENT DELAY INCURRED IN NEGLIGENCE AND RECKLESS DISREGARD, PROVIDED THE PREJUDICE IS SUFFICIENTLY SEVERE III. WHERE A DEFENDANT REJECTS A FORMAL PLEA IN OPEN COURT, PURSUANT TO A COURTS FRYE HEARING, DOES THAT BAR HIM FROM MAKING A VALID CLAIM PURSUANT TO THIS COURTS RULING IN LAFLER V. COOPER