A meaningful share of the habeas calls Ordiway PLLC receives come from noncitizens who pleaded guilty years — sometimes decades — ago, are now in removal proceedings, and are just learning that the plea they took carries immigration consequences their.. Read more

When the Texas Court of Criminal Appeals denies a habeas application, the practitioner’s first instinct is to look for a way back in. In other contexts, the Rules of Appellate Procedure provide a formal path for a motion for rehearing,.. Read more

Summary A motion under 28 U.S.C. § 2255 is the primary way a federal prisoner challenges a conviction or sentence after the direct appeal is over. It is filed in the district court that imposed the sentence, not in the.. Read more

One of the most common questions we hear from people whose loved ones are incarcerated: “Can’t the attorney just subpoena the file?” It makes intuitive sense. If the evidence exists, why can’t the defense go get it? The honest answer.. Read more

The Strategic First Step: Why We Consult Trial Counsel Before Filing an Ineffective Assistance Claim A conviction is a devastating blow, and it is natural to look back at the trial and wonder: Did my lawyer do enough? In the.. Read more

A recantation—when a witness takes back their trial testimony—is a powerful and emotional event that can shake the foundations of a conviction. In the public eye, it might seem like an immediate “get out of jail free card” for a.. Read more