2255 Motion and Writ of Habeas Corpus Attorneys
Welcome to 2255Motion.com, brought to you by the Law Offices of Brandon Sample. The site is intended to offer individuals who are in the custody of the federal government, and their families, complete, but accessible, information about 28 U.S.C. § 2255 motions. Learn all about the writ of habeas corpus and related motions here.
What is a 2255 Motion?
Section 2255 is the statutory vehicle that a federal prisoner should use to mount a "collateral" attack on his or her conviction or sentence. In general, a collateral attack is a method used to challenge a federal conviction or sentence in a proceeding other than the proceeding that led to the conviction or sentence. As such, a section 2255 claim is brought separately from any direct post-conviction motions or appeals.
What is a Writ of Habeas Corpus?
Section 2255 is, in fact, the statute that permits federal prisoners to seek a writ of habeas corpus from a court. In this way, federal prisoners are always assured that there remains a method to challenge a conviction or sentence that was imposed in violation of the Constitution or federal law, was imposed in the absence of jurisdiction, exceeds the maximum authorized by law, or is otherwise subject to collateral attack. 28 U.S.C. §2255(a).
A criminal trial/appeal and a section 2255 motion are two completely different animals. Section 2255 has common law roots that extend back several centuries. Modern section 2255 proceedings have been greatly complicated by the Antiterrorism and Effective Death Penalty Act of 1996, of which the Supreme Court said, "in a world of silk purses and pigs' ears, the Act is not a silk purse of the art of statutory drafting.'' Lindh v. Murphy, 521 U.S. 320, 336 (1997). In short, section 2255 and other habeas corpus proceedings can be complicated and taxing to the soul.
Learn More About Section 2255 Motions
We have put together an informational resource portal to assist you in understanding section 2255 motions and other federal habeas corpus proceedings. Click on the links below to learn more about each area of section 2255 litigation:
II. Timing Issues
- You Must be "In Custody" to File a Section 2255 Motion
- Section 2255 Motions: The Statute of Limitations
- Equitable Tolling Applies to the Section 2255 Statute of Limitations
- Actual Innocence Can Overcome the Section 2255 Statute of Limitations
- Section 2255(f)(1): A Newly Recognized Right Restarts the One-Year Clock
- Section 2255(f)(4): Newly Discovered Evidence Restarts the One-Year Clock
- Section 2255 Exhaustion Issues
III. Cognizable Claims
- Cognizable Claims: Overview
- Cognizable Claims: The Court Lacked Jurisdiction
- Cognizable Claims: The Conviction or Sentence Violates the Constitution
- Cognizable Claims: Ineffective Assistance of Counsel
- Cognizable Claims: The Conviction or Sentence Violates Federal Law
- Cognizable Claims: The Conviction or Sentence is Otherwise Subject to Collateral Attack
IV. Litigation of a Section 2255 Motion
- Preparing for a Section 2255 Motion
- Section 2255 Litigation: The Initial Motion
- Section 2255 Litigation: Post-Filing Proceedings
- Section 2255 Litigation: Amending the Motion
- Section 2255 Litigation: Expanding the Record
- Section 2255 Litigation: Discovery
- Section 2255 Litigation: The Evidentiary Hearing
- Section 2255 Litigation: Resolution by Magistrate
V. Post-Judgment Issues
VI. Danger Zones
Experienced and Dedicated 2255 Motion Attorneys
We present this information in an effort to make the section 2255 motion understandable to everyone. For those who wish to take a shot at section 2255 relief on their own, we hope this site will be helpful.
For those who seek competent counsel to handle the drafting and litigation of their section 2255 motion or another form of the writ of habeas corpus, consider hiring our firm. The attorneys at the Law Offices of Brandon Sample are knowledgable, experienced and aggressive habeas corpus litigators. We handle federal criminal law matters, and in particular collateral post-conviction proceedings filed in federal court across the country. Contact us now if you would like to discuss hiring our firm. We can provide you with the best possible chance at a successful 2255 petition.
