Legal Opinion · Concurrence

Gregory Scott Taylor v. United States

Court of Appeals for the Eighth Circuit

Decided July 1, 2015No. 14-1269Published

1ConcurrenceKelly, Circuit Judge

In the context of a motion under 28 U.S.C. § 2255, an evidentiary hearing is designed to flesh out details not apparent in the record. Often those details relate to claims of ineffective assistance of counsel, which we frequently tell defendants to save for collateral proceedings “where the factual record can be fully developed.” United States v. Jett, 782 F.3d 1050, 1052 (8th Cir.2015). It may be the case that, as it happened here, the evidentiary hearing reveals facts to the district court not otherwise known that suggest the petitioner’s sentence “was imposed in violation of the…

2Cases cited2 opinions

  1. United States v. Carlous Lindell DailyCourt of Appeals for the Eighth Circuit · 2013
  2. United States v. Michael JettCourt of Appeals for the Eighth Circuit · 2015

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