In a habeas corpus case, the district court's denial of defendant's 28 U.S.C. section 2255 motion is vacated and remanded where: 1) defendant's case is not moot because success would shorten his supervised release term; 2) jurisdiction exists because cognizability is not always a jurisdictional limit; 3) the district court should determine whether defendant is entitled to reinstate his 2008 motion under F.R.C.P. Rule 60; and 4) Begay v. US, 553 U.S. 137 (2008), applies retroactively and error is cognizable on collateral review where not defaulted.

Local News and Events

Sep 29, 2017
While many fathers hope to be involved in their children’s lives, some continue to assume that they have limited legal rights to do so. In reality, fathers have the right to become custodial parents, to…
Read More »
Aug 25, 2017
As a highly contested topic in criminal law, search and seizure, or “stop and search,” relates to encounters between citizens and law enforcement. At any point, if the stop or the search is carried out…
Read More »
Jul 25, 2017
As defined by the Georgia Municipal Association, ordinances are written laws adopted by a city or town’s government. Yet, while theses ordinances are permanent laws that are actively enforced, state and…
Read More »
Jun 22, 2017
Considering the excessive weight of motor vehicles, the number of drivers on Georgia roads on any given day, not to mention the number of motor vehicle accidents, people are going to be killed as a result…
Read More »