Friday, February 13, 2009

Habeas Corpus - Claims Relating Back/Ineffective Assistance

In Hodge v. United States, 2009 WL 235674 (Feb. 3, 2009), the Circuit held that defendant's ineffective assistance claim in his untimely supplemental memorandum and his right-to-appeal claim in his original habeas motion were tied to a common core of operative facts. Thus, the ineffective assistance claim relates back to his timely habeas motion, where both claims concerned erroneous advice provided by defendant's counsel regarding filing deadline for appeal. Failure to file notice of appeal was ineffective assistance.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.

Amendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines, and does not apply retroactively under § 2255

United States v. Maximus Prophet , 2021 WL 800384 (Mar. 3, 2021),  https://www2.ca3.uscourts.gov/opinarch/183776p.pdf             Prior to...