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· 5/15/2019

In the Interest of J.G.H., T.H.H., A.L.H., K.G.H., K.N.H., and J.H. A.L.H. v. GREENE COUNTY JUVENILE OFFICE

Citations

  • 576 S.W.3d 257

How courts have described this case

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

  • holding that “a federal prisoner who seeks to collaterally attack his conviction or sentence must file a 28 U.S.C. § 2255 motion to vacate instead of a § 2241 habeas corpus petition.”’
  • noting that a § 2241 habeas petition can offer a remedy for claims challenging the calculation of good time credits (citations omitted)
  • noting that a freestanding claim of actual innocence is “meritless in a collateral proceeding”
  • “A claim of actual innocence is not one of the rare ones for which a § 2255 motion is an inadequate or ineffective remedy.”
  • “[A] federal prisoner who seeks to collaterally attack his conviction or sentence must file a 28 U.S.C. § 2255 motion to vacate instead of a § 2241 habeas corpus petition.”
  • “A movant may lose because of untimeliness, or procedural default, or failure to bring the claim or claims in an initial § 2255 motion, but that is because of the inadequacy or ineffectiveness of the case or the claims, not the remedy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Gary W. Lynch

Read full opinion on CourtListener

Sourced 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.