Legal Opinion
Harrison v. Ollison
Court of Appeals for the Ninth Circuit
Decided March 20, 2008No. 06-55470PublishedCited by 466 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
A federal prisoner challenging the legality of a sentence must generally do so by a motion pursuant to 28 U.S.C. § 2255. However, when a motion under § 2255 is “inadequate or ineffective to test the legality” of a prisoner’s detention, see id., a prisoner may bring a habeas petition under 28 U.S.C. § 2241. This appeal requires us to determine whether the petitioner, Dave Harrison, was entitled to bring his habeas petition under § 2241. Before reaching that question, we must determine whether Harrison needs a certificate of appealability, see 28 U.S.C. § 2253(c),…
2Cases cited29 opinions
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- Russello v. United StatesSupreme Court of the United States · 1983
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Jones v. CunninghamSupreme Court of the United States · 1963
- United States v. GonzalesSupreme Court of the United States · 1997
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3Cited by466 opinions
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- Edwin Marrero v. Richard IvesCourt of Appeals for the Ninth Circuit · 2012
- Alaimalo v. United StatesCourt of Appeals for the Ninth Circuit · 2011
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