· 4/23/1992
Curtis C. Oliver v. United States
Citations
- 961 F.2d 1339
- 1992 U.S. App. LEXIS 7568
- 1992 WL 81140
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that laches applies to a § 2255 proceeding if the delay was \inexcusable as well as prejudicial to the government\
- upholding district court’s holding that laches barred applicant’s postconviction motion based on the district court’s finding of an unexcused delay of seventeen years and prejudice to the government
- finding there was not ineffective assistance of Counsel where the Defendant only stated “conclusory allegations of attorney error”
- \This doctrine [of laches] requires more than mere delay — the [applicant's] delay must be inexcusable as well as prejudicial to the government.\
- petitioner’s 17-year delay in bringing § 2255 petition prejudiced the government’s ability to respond to the merits because of destruction of records after ten years
- “No hearing is required in a section 2255 proceeding if the motion raises no cognizable claim, if the allegations in the motion are unreasonably vague, conclusory, or incredible[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Kanne, Eschbach
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.