Can a federal prisoner use a motion under 28 U.C. 2255 to relitigate a claim that was previously rejected on appeal?

MultiRegion, United States of America

The following excerpt is from Agudo-Monroy v. United States, Case No.: 15-cr-1631, Case No.: 19-cv-0459 (S.D. Cal. 2021):

"[A]s a general rule, federal prisoners may not use a motion under 28 U.S.C. 2255 to relitigate a claim that was previously rejected on direct appeal." Foster v. Chatman, 136

Page 5

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
What is the scope of the federal government's appeal against the federal district court's decision not to grant a motion to dismiss the motion? (MultiRegion, United States of America)
What is the reasonableness analysis for a decision of the Appeals Officer in a motion to appeal against a motion of appeal? (Canada (Federal), Canada)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the test for a motion to overturn a federal court's denial of a motion by a federal prisoner? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.