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Procedural Maze Dooms Habeas Petitioner

By Shari Allison

Sines v. Wilner, -- F.3d --, 2010 WL 2473163 (10th Cir. 6/21/10) (CO) - affirmance of district court dismissal of 28 USC § 2241 habeas corpus petition. Mr. Sines argued he was entitled to relief under § 2241 because his remedy under 28 USC § 2255 was inadequate or ineffective to test the legality of his detention. The 10th decides the mere fact that the district court reached an erroneous decision does not render the § 2255 remedy inadequate or ineffective because it could be appealed. And while his notice of appeal on the § 2241 would have been timely filed if treated as a notice of appeal in the § 2255 proceeding, it would be treated as effective only with respect to the § 2241 because it was clear from the notice that the intent was only to appeal from the § 2241 judgment.continue to full post

Full post as published by Tenth Circuit Blog on June 22, 2010 (boomark / email).