Filing 37

MEMORANDUM AND ORDER that an evidentiary hearing on Claim III shall be permitted at the March 3, 2017 hearing. Signed by Judge Robert B. Kugler on 2/24/2017. (tf, )

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ WILLIAM GRAULICH, IV, : : Petitioner, : Civ. No. 14-2572 (RBK) : v. : : UNITED STATES OF AMERICA, : MEMORANDUM AND ORDER : Respondent. : _________________________________________ : Petitioner is proceeding through counsel with an amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Previously, this Court denied three of the five claims petitioner raised in his amended § 2255 motion. (See Dkt. Nos. 30 & 31) However, this Court determined that an evidentiary hearing was appropriate on petitioner’s claim that his defense counsel verbally threatened him to plead guilty (“Claim IV”). Furthermore, this Court decided that it would hear oral argument on petitioner’s claim that corporate counsel colluded with defense counsel (“Claim III”). This Court construed Claim III as petitioner’s attempt to raise a conflict of interest ineffective assistance of counsel claim. A hearing on these two remaining claims is currently scheduled for March 3, 2017. Upon further review, this Court will permit an evidentiary hearing on Claim III as well at the March 3, 2017 hearing. Accordingly, IT IS this 24th day of February, 2017, ORDERED that an evidentiary hearing on Claim III shall be permitted at the March 3, 2017 hearing. s/Robert B. Kugler ROBERT B. KUGLER United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?