Federal 2255 post-conviction relief in Minnesota: actual innocence is not a constitutional challenge
In most circumstances, you have 14 days to file an appeal after a federal conviction. If you are convicted in federal court, you should make every attempt to pursue an appeal within those fourteen days. If you miss the 14 day-deadline, you might have other options in regards to post conviction relief and habeas corpus. If there is a constitutional challenge to your case, you have 1 year to file a 2255 motion. 18 U.S.C. 2255. It’s very important to hire a skilled criminal defense attorney because even things that seem very basic to the elements of justice may not be constitutional. If the 2255 motion isn’t tied to the constitution, it fails. Actual innocence is a perfect example.
Actual innocence is not a constitutional issue
Many people who are challenging there cases through appeal or post conviction relief are looking for a second chance for the court to look at their case. There was a guilty verdict in the initial case, but the argument is that something went wrong with that case to reach that result. It’s a common assumption that if you could prove your innocence after the court trial, that the court will fix that conviction. But if you are relying on this as your only argument for a federal 2255 motion you will lose. In Herrera v. Collins, the Supreme Court of the United States determined that actual innocence was not enough even when the prisoner in that case tried to tie his actual innocence argument to the eight amendment cruel and unusual punishment provision. 506 US 390 (1993). Herrera v. Collins was a 2254 state habeas corpus case, but the logic applies to 2255 motions for federal habeas corpus as well. That an actually innocent man could have no recourse offends most people’s sense of fairness. But the 6-3 majority of the Supreme Court determined otherwise.
Conclusion
Does the fact that actual innocence is not a constitutional issue mean that you have no chance in your attempt to challenge your federal conviction? Not necessarily. A skilled criminal defense attorney who looks at your case may be able to find arguments to challenge the constitutionality of your case that your trial attorney wasn’t able to find. There are no guarantees. Every case is different. But like in all aspects of life, the greater the skill of the person that you hire, the more chance of success you will have. If you hire Subzero Criminal Defense you will be getting two skilled criminal defense attorneys who will be exploring every potential avenue to get you relief. Contact Subzero Criminal Defense today for a free consultation. 651-248-5142