Kara Sears
The United States Constitution allows individuals to challenge state actions, including statutory or policy decisions, in state court. This can occur when there is a pending state prosecution and the propriety of injunctive and declaratory relief is judged by the same standards, which can interfere with state proceedings. However, it is important to note that federal courts have plenary power under the statute to implement and guide the exercise of remedies in accordance with equitable principles. This has led to an increase in filings in federal courts, but the number of prisoners who obtain release or retrial remains small. In the context of collateral attacks, which are judicial procedures instituted outside the normal trial and direct appeal process, federal prisoners whose convictions or sentences are otherwise subject to collateral attack may file a motion in federal court under Section 2255, seeking habeas corpus relief.
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What You'll Learn
Collateral attacks on convictions or sentences
A collateral attack is a judicial procedure instituted outside the normal trial and direct appeal process, subsequent to conviction, and which seeks to modify or vacate the conviction and/or sentence. Common grounds for a collateral attack include a lack of personal jurisdiction, a lack of subject matter jurisdiction, and a failure of due process in the first case. For a collateral attack, the failure of due process is generally an inability for the party being barred to argue their side in court.
In the United States, prisoners can use §2241 to challenge their convictions and sentences. However, the enactment of §2255 has made it more difficult for prisoners to do so. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) placed a one-year time limit on §2255 motions and established new procedures for court approval of "second or successive" motions. To get around these requirements, prisoners are increasingly using §2241 petitions to attack the validity of their convictions and sentences.
Section 2255 motions can be used to challenge a federal firearm or drug conspiracy case. If a federal prisoner succeeds in overturning a conviction used to enhance their federal sentence, §2255 may be used to mount a collateral attack on the sentence. For example, in United States v. Tucker, when the defendant's sentence was based in part on two prior felony convictions in which the defendant was not represented by counsel, the sentence was subject to collateral attack in §2255 proceedings.
It is important to note that §2255 cannot be used to challenge an enhanced sentence on the ground that the prior convictions were unconstitutional. However, if the prior convictions are still open to challenge and are successfully challenged, then §2255 relief is available.
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Federal habeas corpus relief
The history of habeas corpus in the United States dates back to the Civil War, when Congress expanded the writ to allow for habeas relief to state prisoners held in custody in violation of federal law. The writ was further expanded through post-World War II reforms, and the Warren Court's decisions in the 1950s and 1960s, which constitutionalized criminal procedure and applied the Bill of Rights to state courts. This afforded state prisoners more opportunities to claim that their convictions were unconstitutional, providing grounds for habeas corpus relief.
In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA), which introduced limitations on habeas corpus. AEDPA imposed a one-year statute of limitations on habeas petitions and limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision contrary to or involving an unreasonable application of clearly established federal law.
The Detainee Treatment Act of 2005 (DTA) and the Military Commissions Act of 2006 (MCA) further narrowed the scope of habeas relief, restricting access for prisoners held in Guantanamo Bay. However, the Supreme Court's decision in Boumediene v. Bush (2008) expanded the territorial reach of habeas corpus, guaranteeing the right to habeas review.
Overall, federal habeas corpus relief provides an avenue for state and federal prisoners to challenge the legality of their detention and seek relief for perceived errors in their criminal trials. While there have been some restrictions on habeas corpus over time, it remains a crucial mechanism for upholding the rights of prisoners and ensuring the legality of their detention.
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State law and constitutional challenges
The United States Constitution allows for challenges to state actions, statutory or otherwise, to be brought to state court. In the past, plaintiffs had to bring actions in state courts before federal courts were granted jurisdiction over federal questions. However, it is now more common to sue in federal court for an injunction or a declaratory judgment, or both.
A collateral attack is a judicial procedure instituted outside the normal trial and direct appeal process, which seeks to modify or vacate a conviction and/or sentence. Common grounds for a collateral attack include a lack of personal jurisdiction, a lack of subject matter jurisdiction, and a failure of due process in the first case. For a collateral attack to be successful, there must be a miscarriage of justice.
Federal prisoners whose convictions or sentences are "otherwise subject to collateral attack" may file a Section 2255 motion in federal court. While constitutional and federal law violations make up the majority of Section 2255 claims, nonconstitutional or nonjurisdictional claims must demonstrate a "fundamental defect which inherently results in a complete miscarriage of justice".
In the case of pending state prosecutions, a declaratory judgment from a federal court is just as likely to interfere with state proceedings as an injunction. However, when there is no pending state prosecution, the Supreme Court has jurisdiction over both law and fact, with exceptions and regulations as determined by Congress.
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Jurisdiction and federal interference
For example, a person challenging the constitutionality of state actions could bring a suit in state court or federal court. Typically, plaintiffs sue in federal court for an injunction or a declaratory judgment, or both. A declaratory judgment may interfere with state proceedings if it serves as the basis for a subsequent injunction against those proceedings.
The Supreme Court has appellate jurisdiction in cases where there are conflicts between federal and state courts. In the past, the Supreme Court has handed down landmark decisions voiding state laws and policies on racial segregation, legislative apportionment, congressional districting, and abortion regulations.
Federal habeas corpus provides an avenue for convicted persons who have fully litigated their claims at the state level to present their grounds for relief to a federal judge. This can lead to increased federal interference in state court proceedings and has stimulated efforts in Congress to enact restrictive habeas amendments.
Collateral attacks are judicial procedures instituted outside the normal trial and direct appeal process, which seek to modify or vacate a conviction or sentence. Section 2255 provides federal prisoners with the opportunity to collaterally attack their convictions or sentences in federal court if there are constitutional or federal law violations, or if there is a fundamental defect resulting in a miscarriage of justice.
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Collateral attack procedures
A collateral attack, also known as an indirect attack, is a legal procedure that challenges the validity of a previous judgement through a new case, rather than through a direct appeal. In other words, it is an attempt to avoid the binding effect of a judgement to obtain specific relief that the judgement currently impedes. Collateral attacks are generally disallowed because it is the policy of the law to uphold the finality of court judgements. Therefore, only a void judgement can be collaterally attacked.
Common grounds for a collateral attack include a lack of personal jurisdiction, a lack of subject matter jurisdiction, and a failure of due process in the first case. In the context of a collateral attack, a failure of due process typically refers to the inability of the party being barred to argue their side in court.
Collateral attacks are judicial procedures that are instituted outside of the standard trial and direct appeal process, occurring after a conviction and seeking to modify or vacate the conviction and/or sentence. For example, in the states of Illinois, California, Colorado, and Texas, collateral attack procedures can vary. Illinois was one of the first states to establish a procedure independent of habeas corpus and other post-conviction remedies, limiting its availability to constitutional issues but mandating the assistance of counsel and allowing for appeals. In contrast, California and Texas procedures are rooted in habeas corpus but have evolved distinct procedural approaches. In Texas, for instance, a petition must be filed in the trial court, and only the criminal court of appeals may grant relief.
If a collateral attack is successful, the judgement is only invalidated with respect to the specific situation or proceeding in which the attack was made. The judgement's validity in other contexts remains open to determination.
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