ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Criminal Law

: Defense Newsletter Blog

Thomas: Law of the case doctrine does not preclude certain 2255 issues

By Tim Cone

ADVERTISEMENTS
In Thomas v. U.S., No. 06-15651 (June 30, 2009), the Court held that the "law of the case" doctrine did not preclude a federal inmate, in a § 2255 proceeding, from raising a claim of (1) ineffective assistance of counsel, and (2) infirmity of a prior state convictions which called into question his "career offender" status.The Court noted that the "law of the case" doctrine only precludes relitigation of issues the were decided explicitly, or by necessary implication, in a prior appeal. The doctrine does not preclude consideration of matters that could have been, but were not, resolved in earlier proceedings.Thomas had lost a prior appeal of his conviction and sentence, after his counsel filed an Anders brief and he filed a pro se brief. However, the ineffective assistance issue was not raised on direct appeal...continue to full post

Full post as published by Defense Newsletter Blog on July 02, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 01:27:33)