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Federal Postconviction Remedies and Relief Handbook with Forms, 2022 ed.

Product details:

Brand: The Harrison Company
Copyright: 2022
ISBN: 9781668755266
Publication Frequency: Updated as changes in the law dictate
Update format: N/A

Free update period with subscription:

90 days  (details)

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Federal Postconviction Remedies and Relief Handbook with Forms, 2022 ed.

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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.

Features

  • A list and summary of the holding of all U.S. Supreme Court decisions construing the Federal Habeas Corpus Statute as amended by Title I of the Antiterrorism and Effective Death Penalty Act of 1996
  • A list and summary of the holding of all U.S. Court of Appeals decisions since 2000 granting relief under 28 U.S.C.A. § 2254 to habeas petitioners under Title I of the Antiterrorism and Effective Death Penalty Act of 1996
  • A list and summary of the holding of all U.S. Court of Appeals decisions since 2000 granting relief under 28 U.S.C.A. § 2254 to habeas petitioners under Title I of the Antiterrorism and Effective Death Penalty Act of 1996
  • A list and summary of the holding of all U.S. Supreme Court decisions construing the Federal Habeas Corpus Statute as amended by Title I of the Antiterrorism and Effective Death Penalty Act of 1996