Brief filed: 08/22/2016
McCarthan v. Warden
11th Circuit Court of Appeals; Case No. 12-14989-C
On Appeal from the U.S. District Court for the Middle District of Florida, No. 5:09-cv-00110-WTH-PRL, 11th Cir. Panel decision available at 811 F.3d 1237 (11th Cir. Jan. 20, 2016)
Section 2255 relief is "inadequate or ineffective" if the petitioner does not have a "genuine opportunity" to challenge his sentence. The weight of appellate authority suggests that a section 2255 proceeding is "inadequate or ineffective" if the petitioner lacks a "genuine opportunity" to challenge his sentence. The Savings Clause’s text, structure, and history confirm the majority view. An opportunity to challenge a sentence is not genuine if the challenge would have been futile. McCarthan never had a "genuine opportunity" to challenge his sentence. The Savings Clause opens the door to sentencing challenges, not just challenges to the execution of a sentence or when the sentencing court no longer exists. NACDL’s proposed test would not raise policy concerns.
Pre-Trial Suppression & Fourth Amendment Issues
This Trial Guide is a topical and practical handbook examining the nuts and bolts of the most current Fourth Amendment & Pre-Trial Suppression issues encountered in modern criminal cases.
Defense Counsel Playbook for Eyewitness ID Cases
This Trial Guide was written to help counsel use existing case law to its strongest advantage, and to create a framework for appellate challenges urging courts to adopt leading cases.
Ultimate Cross 2.0
This special CLE compilation program includes the highest-rated presentations on Cross-Examination techniques from NACDL's most recent seminars (2017-2019).
Forensic Sciences in Criminal Cases: A Multidiscipline Primer
In order to challenge forensic evidence, experts, reports and findings commonly encountered in the courtroom, an attorney must first have a basic understanding of the forensic issues that they will be confronting.
This is a sponsored ad
Manage Your Law Firm All in One Place
David C. Frederick and Jeffrey A. Love, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC; H. Eugene Lindsey III, NACDL, Miami, FL.