photo of jury box

Granda v. United States: Criminal Defendant Fails to Overcome Procedural Bar

Will Brown*

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In Granda v. United States, the United States Court of Appeals for the Eleventh Circuit reviewed the denial of a plaintiff’s § 2255 petition after he claimed the jury may have relied on an invalid predicate resulting in the conviction of a “non-existent crime.” Because the plaintiff failed to overcome procedural hurdles and could not prevail on the merits, his assertions regarding the predicate were futile. Granda reaffirms the notion that, in a criminal conviction, regardless of the likelihood of success an argument may have, the defendant must raise an available challenge on direct appeal or be barred from raising that claim in a habeas proceeding.

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