A Kentucky Motion to Vacate-Set Aside Sentence (Motion Under 28 U.S.C. 2255) is a legal motion filed by a convicted person in federal court, seeking to have their sentence set aside, or vacated, due to a violation of their constitutional rights. The motion is often referred to as a 28 U.S.C. 2255 motion, based on the code section under which it is filed. Generally, the motion is filed in the federal district court in which the conviction occurred. There are two different types of Kentucky Motion to Vacate-Set Aside Sentence (Motion Under 28 U.S.C. 2255): First, a collateral attack on a sentence, which is used to challenge the legality of a sentence due to the violation of a constitutional right; and second, a direct attack on a conviction, which is used to challenge the legality of a conviction due to a violation of a constitutional right. In either case, the person filing the motion must demonstrate to the court that the conviction or sentence imposed was unconstitutional or otherwise unlawful. If the court agrees, the conviction or sentence will be set aside, or vacated.
Kentucky Motion to Vacate-Set Aside Sentence (Motion Under 28 U.S.C. 2255)
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