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Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Michigan Law Review
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Michigan Law Review
Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …