Legal Opinion

Hazel v. United States

District Court, E.D. Virginia

Decided February 11, 2004No. CIV.A.97-633-AM, CRIM.A.93-62-APublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

This pro se successive motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 presents, inter alia, the following questions:(i) whether a claim of actual innocence may be raised by a petitioner pursuant to § 2255 as a freestanding claim, or must this claim be accompanied by an independent constitutional claim;(ii) whether a district court reviewing a certified claim in a successive petition may also review claims that were not presented for certification; and(iii) whether a petitioner may amend his successive § 2255 petition to…

2Cases cited48 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Foman v. DavisSupreme Court of the United States · 1962
  5. In Re WINSHIPSupreme Court of the United States · 1970

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3Cited by4 opinions

  1. United States v. MacDonaldCourt of Appeals for the Fourth Circuit · 2011
  2. United States v. MacDonaldDistrict Court, E.D. North Carolina · 2014
  3. Bartley v. United StatesDistrict Court, N.D. West Virginia · 2022
  4. Krasniqi v. United StatesDistrict Court, S.D. New York · 2022

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