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| Writ of Audita Querela |
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United States v. Richter,
No. 06-1930 (2nd Cir., December 4, 2007): Writ of Audita Querela: This is a very odd case involving a "writ of audita querela."(??) I had never heard of such a thing. According to the court, "The writ of audita querela is available where the absence of any other avenue of collateral attack would raise serious constitutional questions about the laws limiting those avenues." The court held that the claim raised in this case, asserting a Booker claim, does not meet this requirement because Booker does not apply retroactively to cases on collateral review; therefore no serious constitutional questions are raised. Still, if you want to delve into the minutia of esoteric writs, this looks like a good one.
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