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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Monday:
7th Circuit Court of Appeals
Michael Dewayne Lairy v. United States of America
23-2957
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young. Vacates the district court’s denial of Michael Lairy’s petition for a writ of habeas corpus under 28 U.S.C. § 2255, claiming in part that he did not qualify for the Armed Career Criminal Act’s mandatory 15-year sentence and that his counsel was ineffective for failing to raise this issue. Finds the district court abused its discretion by rejecting equitable tolling without first conducting an evidentiary hearing. Remands to the district court to conduct an evidentiary hearing on equitable tolling. Attorney for appellant: Jacob Leon. Attorneys for appellee: Brian Reitz, Pamela Domash.
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