· 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 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.