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Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding
Loaded on Nov. 1, 2023
by Douglas Ankney
published in Criminal Legal News
November, 2023, page 45
Filed under:
U.S. Sentencing Guidelines,
Appealable Issues/Orders,
Certificate of Appealability.
Location:
New Jersey.
by Douglas Ankney
In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District Court’s choice of remedy in a 28 U.S.C. § 2255 proceeding must obtain a certificate of appealability (“COA”).
In 1990, a ...
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More from this issue:
- Your Car Is Spying on You, by Michael Thompson
- People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
- Checking In With Community Supervision, by Anthony Accurso
- New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
- Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
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- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
- Michigan Supreme Court Holds Guilty Plea Cannot Be ‘Voluntary and Knowing’ When Induced by Inaccurate Understanding of Minimum and Maximum Prison Sentence, by David Reutter
- Study Reveals Important Details About iPhone’s Building Level Registration Reliability, by Jo Ellen Nott
- California Supreme Court Clarifies Harmless-Error Analysis of Alternative-Theory Error, Reverses and Remands Where Court of Appeal Applied Incorrect Standard, by Douglas Ankney
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, by Douglas Ankney
- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
- Study: ‘Inconclusive Finding’ by Examiner of Cartridge Casing Should Be Finding of ‘Excluded’ 85% of the Time, by Douglas Ankney
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- ICE Employees Caught (Again) Misusing Access to Databases, by Jordan Arizmendi
- Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
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- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
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