Motion to Vacate under 28 U.S.C. Section 2255: Part One

dc.contributor.authorOrfield, Lester B.en_US
dc.date.accessioned2013-02-11T19:47:56Z
dc.date.available2013-02-11T19:47:56Z
dc.date.issued1969en_US
dc.description.abstractINTRODUCTION|A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.|A motion for such relief may be made at any time. Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate...en_US
dc.description.note1968-1969en_US
dc.description.pages5en_US
dc.description.volume2
dc.identifier.citation2 Creighton L. Rev. 5 (1968-1969)en_US
dc.identifier.urihttp://hdl.handle.net/10504/38607
dc.publisherCreighton University School of Lawen_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.rights.holderCreighton Universityen_US
dc.time.yr1968-1969
dc.titleMotion to Vacate under 28 U.S.C. Section 2255: Part Oneen_US
dc.title.workCreighton Law Reviewen_US
dc.typeJournal Articleen_US
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