Martin B. Conners v. United States
431 F.2d 1207, 1970 U.S. App. LEXIS 7207
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 25, 1970
Docket23621_1
StatusPublished
Cited by3 cases
This text of 431 F.2d 1207 (Martin B. Conners v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Martin B. Conners v. United States, 431 F.2d 1207, 1970 U.S. App. LEXIS 7207 (9th Cir. 1970).
Opinion
The District Court denied appellant relief under 28 U.S.C. § 2255 for the reason that appellant “has too long slept upon his rights.” Section 2255, however, expressly provides that a motion for relief under that section may be made at any time.
“This later provision simply means that, as in habeas corpus, there is no statute of limitations, no res judicata, and that the doctrine of laches is inapplicable.” Heflin v. United States, 358 U.S. 415, 420, 79 S.Ct. 451, 454, 3 L.Ed.2d 407 (concurring opinion 1959); Haier v. United States, 334 F.2d 441 (10th Cir. 1964).
Reversed and remanded for further proceedings.
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Related
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588 F.2d 360 (Second Circuit, 1978)
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Bluebook (online)
431 F.2d 1207, 1970 U.S. App. LEXIS 7207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-b-conners-v-united-states-ca9-1970.