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14-097 - PHIPPS v. USA

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14-097 - PHIPPS v. USA
March 5, 2018
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ENTRY Denying Remaining Claim for Relief Pursuant to 28 U.S.C. § 2255 And Directing Entry of Final Judgment - Accordingly, his motion for relief pursuant to § 2255 is denied, and this action must be dismissed with prejudice. Judgment consistent with this Entry shall now issue. A copy of this Entry and of the accompanying Judgment shall be entered in the underlying criminal action, Case No. 2:10-cr-0007-JMS-CMM-14. This Court was unable to find any case law that discusses the prevailing professional norms or what actions are objectively reasonable when an attorney is attempting to advise his or her competent but mentally ill client. Such guidance could be useful to the Court and the defense bar. The Court therefore grants a certificate of appealability (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/5/2018.(DW)