U.S. Court of Appeals for the Ninth Circuit, 1970

Martin B. Conners v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided September 25, 1970 · Merrill, Hufsted-Ler, Jameson

431 F.2d 1207; 1970 U.S. App. LEXIS 7207 (Federal Reporter, Second Series)

Counsel

Thomas G. DeJonghe (argued), San Francisco, Cal., for petitioner-appellant., Phillip Johnson (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., Thomas C. Lynch, Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Cases that cite this one

3 later published cases cite this decision.

Fitzpatrick v. State (Mont. 1981)
In re McNair (Mont. 1980)
Vincent Pacelli, Jr. v. United States (2d Cir. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

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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