Legal Opinion
United States v. Paul Iasiello, Paul G. Iasiello
Court of Appeals for the Third Circuit
Decided January 22, 1999No. 97-7339PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit Judge.
This appeal requires us to determine whether the District Court erred in conducting an evidentiary hearing on appellant’s Motion to Vacate Sentence under 28 U.S.C. § 2255 without appointing counsel to represent him. Because the appointment of counsel was mandatory for an indigent movant at an evidentiary hearing under Rule 8(c) of the Rules Governing Section 2255 Proceedings, 28 U.S.C. foil. § 2255, and because harm to appellant must be presumed, we will vacate the judgment and remand this case to the District Court for further proceedings consistent…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Allen Hodge v. Police Officers: Colon, 623 and Repuerto, 145Court of Appeals for the Second Circuit · 1986
- Howard L. Bashor v. Henry Risley, Warden of Montana State Prison and Michael Greely, Attorney General for the State of MontanaCourt of Appeals for the Ninth Circuit · 1984
- John Ameen Abdullah v. Larry Norris, Acting Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1994
- UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005
- Bucci v. United StatesCourt of Appeals for the First Circuit · 2011
- Mack Al Green v. United StatesCourt of Appeals for the Eighth Circuit · 2001
- Graham v. PortuondoCourt of Appeals for the Second Circuit · 2007
- John Richard Roney, Movant v. United States of AmericaCourt of Appeals for the Eighth Circuit · 2000
35 more not listed; retrieve them via the Exa API.