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    AnneHall's Avatar
    AnneHall Posts: 4, Reputation: 1
    New Member
     
    #1

    May 4, 2009, 07:35 PM
    What to file after 2255.
    I filed a 2255 motion, but since in my plea agreement I waived my right to file one (my atty told me it was not applicable to my case), so I want to file the next motion, is it a 2242. And is there anything special about this motion that needs to be included? Thank you VERY much for your hlp.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 5, 2009, 06:07 AM

    Hello Anne:

    I know what a 2255 motion is, but I'm lost on a 2242. So, instead of asking about a particular motion, why don't you explain your situation and tell us what you're trying to do.

    But... If you're trying to appeal a conviction that occurred as the result of a plea bargain, you ain't going to be successful.

    excon
    AnneHall's Avatar
    AnneHall Posts: 4, Reputation: 1
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    #3

    May 5, 2009, 02:22 PM
    Quote Originally Posted by excon View Post
    Hello Anne:

    I know what a 2255 motion is, but I'm lost on a 2242. So, instead of asking about a particular motion, why don't you explain your situation and tell us what you're trying to do.

    But..... If you're trying to appeal a conviction that occurred as the result of a plea bargain, you ain't gonna be successful.

    excon
    I had a lea bargin, but my restitution was left open, thus I have moved and now want to file the motion after2255, sine I have a different judge.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 7, 2009, 08:17 PM

    Often it will still have to go back to the original court.

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