Update on the 2255

Bill is still in Chicago, waiting to be moved to Roanoke for trial on the wife threats charge.

Bill was very upbeat last week because the government filed their response to his 2255 and they did not contest Bill’s main points.

First, the government does not contest that his counsel was ineffective.

Second, the government does not contest that his appeal would have had a materially different outcome had his counsel been effective.

(These are the two criteria of Strickland v. Washington, so “winning” those points is, hopefully, half the battle.)

Third, the government did not contest that his counsel had been improperly influenced into not filing his appeal.

The only issue the government is contesting is whether or not Bill has a right to a “discretionary appeal.”

Looks like Bill has to file a response to the government, then it goes to Judge Turk.