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The Habeas Citebook: Prosecutorial Misconduct - Header
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Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit ruled that a district court abused its discretion when it denied a 28 U.S.C. § 2255 petition without an evidentiary hearing when the record did not conclusively show the movant was not entitled to relief. 

Pursuant to ...

 

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