There are many different types of claims that can be alleged on any writ.
One of the most important writs in the federal system is the 2255 Writ, which has many different grounds you can assert.
A ground is defined as something which you assert in your 2255 Writ to challenge your conviction in federal court.
Ineffective Assistance of Counsel
The most commonly asserted ground in 2255 Writs is ineffective assistance of counsel.
Ineffective assistance of counsel can be asserted if it occurred during pretrial, trial, or appeal because you are legally entitled to effective representation of counsel during all of these stages of prosecution.
If you were denied effective assistance of counsel at any of these points, you should consider asserting ineffective assistance of counsel as a ground on your 2255 Writ.
Due Process Violation
Another ground that is sometimes asserted is a due process violation.
Suppose the government placed a paid informant into the jail you were being held in to elicit statements or confessions of guilt that they failed to disclose. That could constitute a violation of due process and is something that you may want to consider for your case.
Changes In The Law
A ground that is also alleged is a violation of federal law by the prosecution.
If the law or guidelines change, if something about your offense is modified, or if the crime that you committed is no longer a crime under federal law, you can add that on to your 2255 Writ and allege it as a ground.
Additionally, you may have the option to claim a violation of double jeopardy. A violation of double jeopardy occurs when you are prosecuted for the same crime twice.
Perhaps you had previously pled guilty to a lower drug charge in federal court, and now the prosecution is coming back to you for a conspiracy charge for the same offense. This could be a violation of double jeopardy.
Court Lacked Jurisdiction
Another commonly asserted ground is that the court that convicted you lacked jurisdiction. There could be something about the way that the charge was brought against you that didn’t give the court that convicted you jurisdiction.
Not all cases are brought in federal court, meaning that a majority of the time state courts must prosecute people for criminal acts. Only specific criminal offenses are brought in federal courts that deal with interstate commerce, criminal acts committed on federal land, or a violation of federal law.
There are certain times that the federal government overreaches and fails to have jurisdiction, or they fail to prove with sufficient evidence in the trial that there was jurisdiction.
A final claim you may want to consider is a Brady violation. Suppose the state fails to disclose evidence to you that’s favorable to you, and if you were able to use that evidence properly, you could have had your conviction overturned or have a reduced sentence.
This situation could constitute a Brady violation and may be something you want to consider putting on your 2255 Writ.
As you can see, there are many ways you can challenge your conviction through the use of the 2255 Writ that you may want to use in your case.
About The Attorney
Jacob Blizzard is board certified in both criminal law and criminal appellate law.
He regularly practices in the areas of state and federal criminal defense, criminal appeals, post conviction writs of habeas corpus.
In Texas, there are more than 100,000 attorneys licensed to practice, but only 7,450 are board certified.
In the entire State of Texas, as of the 2019 certification year, there were only 87 attorneys board certified in both criminal law and criminal appellate law, making Mr. Blizzard one of 0.087% of attorneys in Texas to hold both of those certifications.