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Legal Opinion

Maria Hernandez v. United States

Court of Appeals for the Fifth Circuit

Decided April 24, 2018No. 17-50313PublishedCited by 9 opinions

1Opinion of the Court

HAYNES, Circuit Judge:

Maria Hernandez was convicted of and imprisoned for various federal crimes, only to have her conviction set aside ten years later for ineffective assistance of counsel. Federal law permits certain classes of the "unjustly convicted" to sue in the United States Court of Federal Claims for compensation. See 28 U.S.C. § 1495 . But to succeed in such a suit, a plaintiff must first receive a certificate described in 28 U.S.C. § 2513 from the district court that set aside the conviction.

Hernandez sought such a certificate, which the district court denied. She now appeals. The…

2Cases cited9 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jay Isaac Hollis v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2016
  3. John A. Betts v. United StatesCourt of Appeals for the Seventh Circuit · 1993
  4. Floyd J. Osborn v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  5. Lockett v. Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 2003

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3Cited by9 opinions

  1. Mhammad Abu-Shawish v. United StatesCourt of Appeals for the Seventh Circuit · 2018
  2. Keiland Construction v. Weeks MarineCourt of Appeals for the Fifth Circuit · 2024
  3. United States v. Vanja AbreuCourt of Appeals for the Eleventh Circuit · 2020
  4. United States v. DavisCourt of Appeals for the Fifth Circuit · 2021
  5. Andrew T. v. Leland Dudek, Acting Commissioner of Social SecurityDistrict Court, S.D. Texas · 2025

4 more not listed; retrieve them via the Exa API.

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