What is the relate back doctrine?

A 2255 motion to vacate, set aside, or correct sentence is the primary means through which a federal prisoner may seek postconviction relief. [1] A one-year time limitation applies to 2255 petitions and runs from the latest of four dates, the most common being the date on which the judgment of conviction becomes final. [2]

          But what happens when the motion gets filed and you need to amend after the one-year time period has passed?

          An amended 2255 claim filed after the expiration of the one-year time period if it relates back to the original pleading. [3] This “relate back doctrine” comes from a federal rule of civil procedure [4] which applies to habeas petitions. [5] Generally, an amended 2255 claim will relate back to the original petition if it arose out of the same conduct, transaction, or occurrence set forth in the original petition. [6] To arise out of the same conduct, transaction, or occurrence, the amended claims must be “tied to a common core of operative facts.” [7] Stated differently, the facts in the original motion must be specific enough to put the opposing party on notice for the factual basis for the claim. [8]

          Obviously, this gets complicated fast and there are judgment calls to be made.  If you or someone you love is in need of amending a 2255 petition, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:

1.    28 U.S.C. § 2255. (https://www.law.cornell.edu/uscode/text/28/2255)

2.    28 U.S.C. § 2255(f)(1)

3.    Davenport v. U.S., 217 F.3d 1341, 1343-44 (11th Cir. 2000); U.S. v. Hernandez, 436 F.3d 851, 856-57 (8th Cir. 2006).

4.    Fed. R. Civ. P. 15(c). (https://www.law.cornell.edu/rules/frcp/rule_15)

5.    28 U.S.C. § 2242. (https://www.law.cornell.edu/uscode/text/28/2242)

6.    Davenport, 217 F.3d at 1344.

7.    Mayle v. Felix, 545 U.S. 644, 664 (2005). (https://supreme.justia.com/cases/federal/us/545/644/)

8.    Dodd v. U.S., 614 F.3d 512, 515 (8th Cir. 2010).