· 6/10/1996
Bradshaw v. Story
Citations
- 86 F.3d 164
- 1996 U.S. App. LEXIS 13783
- 1996 WL 308982
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- confirming that section 2255 motion is proper remedy for attacking the legality of the judgment and sentence
- affirming dismissal of § 2241 petition, where petitioner argued that § 2255 was an inadequate remedy, citing sentencing court’s denial of his previous § 2255 petitions as evidence of bias
- “Failure to obtain relief under 2255 does not establish that the remedy so provided is either inadequate or ineffective.”
- “A petition under 28 U.S.C. § 2241 attacks the execution of a sentence rather than its validity. . .”
- “A statute is effective upon the date of its enactment unless an express provision states otherwise.” (quotation omitted)
- “A 28 U.S.C. § 2255 petition . . . must be filed in the district that imposed the sentence.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Baldock, Briscoe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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