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Federal Post Conviction Remedies and Relief Handbook (Wilkes), 2026 ed.
Federal Post Conviction Remedies and Relief Handbook (Wilkes), 2026 ed.
Description
The Federal Postconviction Remedies and Relief Handbook covers all nine federal postconviction remedies:
- The petition for a writ of habeas corpus, available to federal convicts under 28 U.S.C.A. § 2241
- The motion to vacate, available to federal convicts under 28 U.S.C.A. § 2255
- The petition for a writ of habeas corpus, available to state convicts under 28 U.S.C.A. § 2254
- The motion in the nature of coram nobis, available to federal convicts under 28 U.S.C.A. § 1651
- The motion to correct sentence, available to federal convicts under Federal Criminal Rule 35(a)
- The motion to reduce sentence, available to federal convicts under 18 U.S.C.A. § 3582(c)(2)
- The motion to correct clerical error, available to federal convicts under Federal Criminal Rule 36
- The civil action in the nature of mandamus, available to federal convicts under 28 U.S.C.A. §1361
- The motion for new trial or resentencing, available to federal convicts under the Federal Postconviction DNA Testing Statute, 18 U.S.C.A. § 3600
The handbook also covers:
- The two federal postconviction remedies for federal convicts, which are available only if they are applied for by a prosecutor or a prison official
- The Federal Erroneous Convictions Act, under which, in certain circumstances, innocent persons convicted in federal court may obtain monetary compensation from the government
- The motion for a new trial based on newly discovered evidence, available to federal convicts under Federal Criminal Rule 33
- The motion to withdraw a plea of guilty or nolo contendere, available to federal convicts under Federal Criminal Rule 11
The Author’s Comments are a key part of this handbook. They furnish an overview of and valuable background information about the federal statutes or rules included in the handbook.
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