Today, the writ of habeas corpus is a federal remedy primarily used by state prisoners to challenge their conviction or sentence. Habeas corpus was also the primary post conviction remedy for federal prisoners until 1948, when Congress adopted Section 2255. Congress intended Section 2255 to...
Today, the writ of habeas corpus is a federal remedy primarily used by state prisoners to challenge their conviction or sentence. Habeas corpus was also the primary post conviction remedy for federal prisoners until 1948, when Congress adopted Section 2255. Congress intended Section 2255 to supersede habeas corpus as the means by which federal prisoners could challenge the lawfulness of their incarceration.
Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners is the first book of its kind to focus on the special procedures and concerns that arise when a prisoner moves to advocate, set aside, or correct a federal conviction or sentence under Section 2255.
This book is especially important now as Section 2255 proceedings have become significantly more complex with the enactment of the Antiterrorism and Effective Death Penalty Act, and federal courts continue to struggle with the interpretation of the AEDPA's provisions. An examination of various legal and practical questions that may be encountered in section 2255 proceedings, including those posed by the AEDPA, are included. Lawyers will find this book to be an essential resource for providing the scope from an introductory education to an in-depth analysis--The perfect handbook for the litigation of noncapital section 2255 proceedings.
This book examines:
-An Overview of Section 2255 Proceedings, including the relationship of Section 2255 to other federal postconviction remedies
-Timing Considerations, including the statute of limitations
-Section 2255 Jurisdiction, including custody and mootness, and cognizable claims
-Obstacles to Relief, including retroactive application of Teague v. Lane and Fourth Amendment claims
-Proceedings Before the District Court, including motion, summary proceedings, relief and postjudgement motions
-The Appeal and Subsequent Motions, including perfecting the appeal and second or successive motions
An appendix contains the full text of section 2255 and the rules governing 2255 proceedings.