Melvin Poindexter v. John Nash, Warden

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 collateral challenge, such as, “the failure of trial counsel to advise [the petitioner] to plead guilty ...fall[s] within the scope of a § 2255 motion”
• rejecting a § 2241 petitioner’s claim for ineffective assistance of counsel that “could have been made in his first § 2255 motion”
• noting that the concept of actual innocence is distinct from the concept of legal innocence, and stating that a petitioner whose “argument is a technical one” does not raise “a claim of ‘actual innocence’ as that term is used . . . in habeas jurisprudence generally”
• explaining actual innocence exception does not apply where petitioner “merely makes [a] legal argument”
• dismissing actual innocence claim where petitioner claims that he is actually innocent of persistent offender sentence because his three prior undisputed convictions should have counted as only one conviction for the purposes of his persistent offender sentence
• discussing cases recognizing actual-innocence-of-sentencing-predicate-conviction claims but declining to apply actual innocence exception to claim of pure legal error in calculating number of predicate convictions as distinct from factual or legal innocence of predicate offenses

Source: CourtListener parenthetical corpus (CC0).