PHIPPS v. USA

PHIPPS v. USA

Petitioner:	HERBERT D. PHIPPS
Respondent:	USA
Case Number:	2:2014cv00097
Filed:	March 31, 2014
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
March 5, 2018	Filing 79 ENTRY Denying Remaining Claim for Relief Pursuant to 28 U.S.C. § 2255 And Directing Entry of Final Judgment - Accordingly, his motion for relief pursuant to § 2255 is denied, and this action must be dismissed with prejudice. Judgment co nsistent with this Entry shall now issue. A copy of this Entry and of the accompanying Judgment shall be entered in the underlying criminal action, Case No. 2:10-cr-0007-JMS-CMM-14. This Court was unable to find any case law that discusses the prevailing professional norms or what actions are objectively reasonable when an attorney is attempting to advise his or her competent but mentally ill client. Such guidance could be useful to the Court and the defense bar. The Court therefore grants a certificate of appealability (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/5/2018.(DW)

Date Filed

Document Text

March 5, 2018

Filing 79 ENTRY Denying Remaining Claim for Relief Pursuant to 28 U.S.C. § 2255 And Directing Entry of Final Judgment - Accordingly, his motion for relief pursuant to § 2255 is denied, and this action must be dismissed with prejudice. Judgment co nsistent with this Entry shall now issue. A copy of this Entry and of the accompanying Judgment shall be entered in the underlying criminal action, Case No. 2:10-cr-0007-JMS-CMM-14. This Court was unable to find any case law that discusses the prevailing professional norms or what actions are objectively reasonable when an attorney is attempting to advise his or her competent but mentally ill client. Such guidance could be useful to the Court and the defense bar. The Court therefore grants a certificate of appealability (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/5/2018.(DW)

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Petitioner: HERBERT D. PHIPPS
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Respondent: USA
Represented By:	Gerald A. Coraz
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