§-2255-motion
7 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23A872 | Emanuel Mois v. United States | Ninth Circuit | 2024-04-01 | Presumed Complete | §-2255-motion covid-19 extraordinary-circumstances legal-access pandemic-limitations procedural-ruling | Whether the district court's procedural ruling denying a § 2255 motion should be reconsidered due to extraordinary COVID-19 pandemic circumstances tha… | |
| 20-5377 | Brandon Ray Buckles v. United States | Ninth Circuit | 2020-08-17 | Denied | Response WaivedIFP | §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel | Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti… |
| 19-7145 | Carlos E. Rodriguez-Milian v. United States | First Circuit | 2020-01-02 | Denied | Response WaivedIFP | §-2255-motion 2255-appeal appeals-court-discretion certificate-of-appealability habeas-corpus ineffective-assistance pro-se-motions procedural-default procedural-error subject-matter-jurisdiction summary-response | Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits? |
| 19-5918 | Brandon Kyle Thomas v. United States | Eleventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington | Was counsel's single statement that 'if you appeal you will get more time' adequate advice or deficient performance? |
| 18-9277 | Melvin Scott Morman v. United States | Eleventh Circuit | 2019-05-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | §-2255-motion armed-career-criminal-act burden-of-proof circuit-split criminal-procedure enumerated-offenses-clause johnson-rule johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o… |
| 18-9064 | Adonijah Lindsay v. United States | Third Circuit | 2019-05-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | §-2255-motion §-924(c)-conviction 18-usc-924c 18-usc-924c3b certificate-of-appealability supreme-court-rule-10 third-circuit vagueness writ-of-certiorari | Does the Supreme Court's grant of writ of certiorari on the same question of law establish a per se ground for obtaining a certificate of appealabilit… |
| 18-7760 | Geoffrey A. Gish v. United States | Eleventh Circuit | 2019-02-05 | Denied | Response WaivedIFP | §-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction | Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying cl… |