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When do I file my 2555 petition?
Timing of a Federal 2255 Motion A motion under 2255 has a strict 1-year time limit. That one-year period is measured from “finality,” meaning whenever you lose your ability to appeal. After you are sentenced, you have a 14-day window to file for a direct appeal. If you do not appeal, finality attaches on day…
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What is ineffective assistance of counsel?
What is Ineffective Assistance of Counsel? The most common claim made in 2255 motions is for ineffective assistance of counsel. What this means is that your lawyer made fundamental mistakes that were so bad they fell below the standard of “reasonably effective assistance” guaranteed by the Sixth Amendment. But those mistakes must have prejudiced you,…
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What is habeas corpus?
What is Habeas Corpus? A federal habeas corpus motion is often the last meaningful opportunity an inmate has to challenge their conviction or sentence. A federal inmate may petition their sentencing court to vacate, set aside, or correct their sentence or conviction if either is in violation of the U.S. Constitution or established federal law.…
