Can a federal judge overturn a federal case in which I had to plead guilty to if the lead investigator on my federal case, which also the lead investigator that spoke to the grand jury is found to be corrupt or did things that were misconduct of his behavior to get me indicted?
If the lead investigator was sleeping with one of my family members, my recently ex-wife, and while investigating me and before and after getting me indicted and while I was being held federally detained. This family member was also being used as a witness during this case. Is that a conflict of interest, misconduct or corruption of the investigator? The investigator did other many other unscrupulous things during my case and he also lied to the grand jury to get me indicted in the first place.
Who knows?? You should consult with an appellate attorney (or your original attorney). Good luck.
I am a Dallas area criminal defense attorney and former State prosecutor. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice. This answer does not form an attorney-client relationship.
Once you plead guilty, it is very difficult to challenge the investigation. The time to attack the investigator's conduct was at trial. You pleaded guilty. It is extremely unlikely the court will overturn your guilty plea.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
I would agree that you need to talk to an appellate attorney.
When we as this? Time is important, a 2255 (or writ) must be filed within 1 year, so time is important.
Was this known at the time of the plea?
Please remember that this response was made generally to a general question posted on a web site. The advice was provided free of charge and is intended to provide guidance and encouragement for you to seek a practitioner in your local area. If you needed this assistance, that should show that the area of law you are researching is deep subject and open to possible multiple interpretations. Please go talk to a local attorney.
The circumstances that you describe could form the basis of a successful post-conviction relief challenge to the conviction and sentence if the law enforcement agent's conduct rose to the level of a constitutional violation of the defendant's rights. – Joshua Sabert Lowther, Esq., Atlanta, GA.
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