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Criminal Law: Post-Conviction Relief-Grant of Relief-Failure to Grant Hearing
Staff Report//June 10, 2019//
Criminal Law: Post-Conviction Relief-Grant of Relief-Failure to Grant Hearing
Staff Report//June 10, 2019//
Defendant appealed from the amended judgment entered after the district court granted defendant relief on one of his claims in his motion for post-conviction relief, vacating a conviction and concurrent sentence and special assessment. On appeal, defendant argued that the district court was required to conduct a hearing before taking action.
Where district courts had “broad and flexible remedial authority” to correct a sentence, district court was not required to hold an evidentiary hearing before granting post-conviction relief.
Judgment is affirmed.
U.S. v. Schultz (MLW No. 73324/Case No. 18-1744 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Gritzner, J.
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