Calling A Rose A Rose

“What’s in a name?” Shakespeare wrote. So why does it matter what an inmate filer calls his or her post-conviction motion under 28 USC § 2255?

A month before the statutory one-year deadline for filing his § 2255 motion, Richie Elam filed a document he called “Defendant’s Motion Requesting SPECIAL DISCOVERY HEARING to Determine if Level of Court-Appointed Representation was ADEQUATE, Pursuant to the Criminal Justice Act (18 USC § 3006A).” …

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Dan Wise