Legal Question in Criminal Law in Texas
Post conviction relief motion,2255,federal
I filed a 2255 motion in august of 1998.The prosocuter
has answered and the judge has denied an amended motion. it has now been sitting there since october 1998. How long can the judge take to answer this motion?
1 Answer from Attorneys
Re: Post conviction relief motion,2255,federal
I presume you mean a federal habeas corpus petition filed by a prisoner commonly referred to as a "2255".
If the requirements for a 2255 hearing are met, and they are stringent, the petition will usually be set for hearing within about 120 days of the government's response.
The judge has huge latitude in dealing with 2255 petitions, largely because most will eventually be dismissed for failure to exhaust all prior state remedies.
If it is your petition you may submit a request for hearing to the court for an evidentiary hearing under your petition and that may expedite things.
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