Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

University of Michigan Law School

1964

Habeas Corpus

Articles 1 - 1 of 1

Full-Text Articles in Law

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers Mar 1964

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers

Michigan Law Review

Prisoner, sentenced by a United States district court, filed two successive motions to vacate his sentence under 28 U.S.C. section 2255, which provides for a compulsory motion procedure for federal prisoners in lieu of habeas corpus. Under this section, a prisoner is required to petition the court which sentenced him in order to test the legality of his detention. The motion must be given a prompt hearing, "unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. .. " If a successive motion is filed for "similar relief" the …