This Week in Gangland: The Online Column. Jerry Capeci. Jan 24, 2019.
The family of Harold (Harry) Thomas called on lawyer Linda Sheffield when they were denied visitation during his terminal illness. “The family has been trying for more than two weeks to arrange a visit without success, according to Mrs. Thomas. Even an agreement by a prison doctor to write a letter calling for Thomas’s compassionate release that was secured a month ago by Atlanta-based attorney Linda Sheffield, who specializes in litigation for BOP inmates, has been stalled by the government shutdown.
“I’ve called, Linda called, my sons called, my brother-in-law called, but the BOP is not answering anybody,” the distraught woman continued. ‘There’s a government shutdown, and they don’t pick up the phone. They’re not answering, and when they do answer, they tell us nothing,’ she said.”
This Week in Gangland: The Online Column. Jerry Capeci. May 12, 2005.
Persico lawyer Linda Sheffield declined to disclose his ailments but reported
that his hospitalization appeared to be precautionary, caused by his relocation
earlier this year to the Big Sandy Penitentiary in Inez, Kentucky, a remote area
about 140 miles east of Lexington.
This Week in Gangland: The Online Column. Jerry Capeci. March 4, 2004.
In a strong letter to Judge Federick Block, [Vittorio] Amuso lawyer Linda Sheffield
stressed that the mob chieftain has no evidence to impart in the case, and will
not testify, period. “Mr. Amuso (has) heart and blood pressure problems (and)
has no intention of testifying at the trial and will invoke his Fifth Amendment
privilege against self-incrimination if called.”
Press Release. William Mayo to Continue 13-Year Fight for Freedom from
Wrongful Conviction at Habeas Corpus Hearing in Calhoun, Georgia.
ATLANTA (May 16, 2005)
Mayo, through Attorney Linda S. Sheffield, filed a Writ of Habeas Corpus
on January 27, 2005, asking the Judge to grant a new trial and overturn his
conviction B due to a violation of his constitutional rights at the hands of Cobb
County Assistant DA Pearlberg. The Writ of Habeas Corpus is scheduled for
evidentiary hearing on June 10, 2005, before The Honorable Judge Cato,
Superior Court of Calhoun County.
New York Daily News
Junior Gotti Takes Fifth at Strip Club Trial. Greg B. Smith. May 18, 2001.
author=GREG+B.+SMITH+DAILY+NEWS+STAFF+WRITER&pub=New+York+Daily+News&edition=&startpage=20&desc=JUNIOR+GOTTI+TAKES+FIFTH+AT+STRIP+CLUB+TRIAL (Note, link is no longer live.)
Gotti’s lawyers Richard Rehbock and Linda Sheffield, have said any question is
a potential perjury trap and that Gotti’s answers could be used against him in
later prosecutions. They have advised Gotti not to talk.
Lawyer: ‘Junior’ Gotti to take Fifth in Gold Club Case. Art Harris. May 6, 2001.
Convicted mobster John A. “Junior” Gotti won’t cooperate in the racketeering
case against a prominent Atlanta strip club, his lawyer said.
“He will be taking the Fifth Amendment,” Gotti’s attorney, Linda Sheffield, told
CNN. “We don’t believe there are any circumstances that can compel him to
testify. We don’t know why he was called.”
COUNTING THE STATUTE OF LIMITATIONS TO FILE PURSUANT TO 28 U.S.C. 2254, 2255
The Statute of Limitations to file a federal habeas corpus petition, 28 U.S.C. §§ 2254, 2255, begins to run when direct appeal becomes final – the date the conviction is affirmed or cert. denied, not the mandated date. This can mean when certiorari was denied or time for filing certiorari has expired.
Finality would be some time after appellate affirmance. From that point, you have 1 year (2254, 2255 federal court; always check your state court rules, which do not alter the federal habeas one-year time limit and apply only to the statute of limitations for filing a state court habeas). Your time period is tolled while a “properly filed” state post-conviction petition is “pending”. If more than one year elapsed between the finality on direct appeal and the filing of your state post-conviction petition, it is too late. If the state post-conviction petition was filed before appeal became final, you may have the full year starting from the time the state habeas proceeding ended. If the state petition was denied as “untimely” or as otherwise not “properly filed,” the time the state petition was pending would not toll the period. When it was “pending” will probably depend on your state process, i.e., whether you sought state supreme court review and when that was denied and what the effect of the mandate is (or what powers existed until then).
To calculate your date you need to determine: (a) date of finality, (b) date of initiation of state petition, (c) date when state petition was no longer pending. Federal habeas statute of limitations is complex and you should consult your attorney before determining whether your filing is timely. This statement is meant to be informational only, and you should not rely on it except for the purpose of knowing that this is a complex area of habeas corpus law, which requires a professional judgment.
THE FIRST STEP ACT of 2018 will benefit many. Give me a call and let’s talk about your case.
The FIRST STEP ACT OF 2018, presents a relatively simple opportunity for elderly and terminally ill offenders to finally be released, giving you a remedy after 30 days, if the warden does not respond to you. I have been successful in securing COMPASSIONATE RELEASE for clients prior to the First Step Act and since it became law.
The FIRST STEP ACT has also removed many of the draconian enhancements in firearms cases and has altered the requirements for the government to file 851 enhancements. It has broadened the safety valve requirements so you can now take advantage of it. It has lessened the mandatory minimum for second time drug offenders. It extended the benefits of the Fair Sentencing Act, offering you a separate remedy not connected to 3582, for statutory penalties which were modified by the Fair Sentencing Act of 2010.