Legal Opinion
United States v. Hernandez
District Court, N.D. Ohio
Decided March 30, 2001No. 3:94CR779. No. 3:00CV712PublishedCited by 17 opinions
1Opinion of the Court
OPINION AND ORDER
JOHN W. POTTER, Senior District Judge.
This action is before the Court on Lupe Hernandez’s motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, the government’s reply and supplemental brief and petitioner’s response and supplemental brief.
As an initial matter, in § 2255 proceedings, evidentiary hearings are not required when the record conclusively shows that the petitioner is entitled to no relief. Blanton v. United States, 94 F.3d 227, 235 (6th Cir.1996) (citing Fontaine v. United States, 411 U.S. 213, 215, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973)). Because…
2Cases cited62 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Hill v. LockhartSupreme Court of the United States · 1985
57 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Hicks, Eric A.Court of Appeals for the D.C. Circuit · 2002
- Kevin Antonio Goode v. United StatesCourt of Appeals for the Sixth Circuit · 2002
- In Re: Carnell TurnerCourt of Appeals for the Third Circuit · 2001
- Whisler v. StateSupreme Court of Kansas · 2001
- People v. BradburyColorado Court of Appeals · 2002
12 more not listed; retrieve them via the Exa API.