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Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal
Loaded on Oct. 16, 2019
by Dale Chappell
published in Criminal Legal News
November, 2019, page 36
Filed under:
Appeals.
Location:
United States of America.
by Dale Chappell
In a ruling that further divides the circuits on how and when a motion under 28 U.S.C. § 2255 can be amended, the U.S. Court of Appeals for the Third Circuit held on July 5, 2019, that an amendment filed while the motion is on appeal can ...
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More from this issue:
- Forensic Science: Reliable and Valid?, by Jayson Hawkins
- ‘Changes Are a Comin’, by Anthony Accurso
- Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
- Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland, by Anthony Accurso
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable, by Douglas Ankney
- Faulty Science Still Admissible Evidence in Many States, by Kevin Bliss
- Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
- Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
- Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated, by Douglas Ankney
- Ex-Felons’ Rights Expanding to Include Jury Duty, by Edward Lyon
- Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law, by Dale Chappell
- U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
- 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
- Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
- 10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules, by Douglas Ankney
- Is Data Mining an Invasion of Privacy?, by Kevin Bliss
- Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
- Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
- Safe Interactions Between Police and Citizens, by Edward Lyon
- Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
- 9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery, by Anthony Accurso
- Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
- Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches
- Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
- California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437, by Douglas Ankney
- Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home, by Anthony Accurso
- New Hampshire Ends Death Penalty, by Jayson Hawkins
- Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds, by Dale Chappell
- Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio, by David Reutter
- New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample, by Douglas Ankney
- Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3), by Douglas Ankney
- Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
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- Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation, by Douglas Ankney
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- Businesses Are Focusing More and More on Aiding Offenders Reentering Society, by Kevin Bliss
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- The Mass Incarceration Epidemic Viewed Through a Young Daughter’s Eyes, by Hayley Schulman
- Prosecutors Working to Clear Wrongful Convictions With Mixed Results, by Bill Barton
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- 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
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, Dec. 18, 2019. Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, Nov. 18, 2019. Appeals, Habeas Corpus.
