444 W. 54th Street Tenants Assocs. v. Costello

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that procedural default is an affirma- tive defense the government may waive
• finding that Rehaif announced a new rule of substantive law that applies retroactively to an initial § 2255 motion
• finding Rehaif applies retroactively on an initial § 2255 motion to vacate
• “A defendant can overcome a procedural bar when... there is an intervening change in law.” (citation omitted)
• “A procedural bar prevents a defendant from raising arguments in a § 2255 proceeding that he raised and we rejected on direct appeal.”

Source: CourtListener parenthetical corpus (CC0).