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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115480
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My issue is how successful is USC 2255 motion when filed?

Customer Question

My issue is how successful is USC 2255 motion when filed?
Inmate is mentally ill (bipolar disorder) 3 days after he was released from Psych hospital on Paxil due to agitation, he started a crime spree robbing stores with a plastic gun. He has been in jail for 16 months. Counsel does not know about "mental illness" plea, did not refer him to Mental Health Court, and did not read his history of 8 hospital admissions due to suicide. He was chained and put in solitary for about 5 months for stating he wanted to kill himself. Counsel is ineffective.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
A habeas corpus petition success is based on the actual facts that the inmate is being held contrary to the law and his rights. While he is mentally ill, this was something his attorney had to bring out in court. If his counsel is not effective, you need to get his counsel removed and get new counsel to get the court to order a new psychiatric evaluation based on your description of his behavior. If you can prove to the court his mental illness through his behavior the 2255 motions are generally successful to at least get him moved from a jail facility to a mental health facility to get him any necessary treatment.