Cardin v. United States, No. 18-5389 (6th Cir. 2020)
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The Sixth Circuit affirmed Cardin’s fraud conviction and 78-month sentence. Cardin worked with his sister, Natalie, to prepare a motion to vacate his sentence, 28 U.S.C. 2255. The filing deadline was June 8, 2016. On June 6, Cardin was unexpectedly hospitalized. The following day, Natalie filed the motion, signed “Walter A. Cardin by Natalie J. Cardin,” stating “under penalty of perjury” that she was Walter’s “attorney in fact,” and that Cardin was “otherwise unavailable to sign this motion and submit it in a timely manner.” About two months later, the court sua sponte indicated that it was considering dismissing the motion. Cardin filed a pro se motion for leave to add Cardin's signature to the original motion, with a letter from his prison case manager affirming that Cardin had been hospitalized. Cardin attached a 2015 document, by which he granted Natalie “unlimited” power of attorney to act on his behalf. Twenty-one months later, the court denied both motions.
The Sixth Circuit reversed. Natalie satisfied the requirements of a ‘next friend’: an adequate explanation of why the real party in interest could not appear and “truly dedicated to the best interests of the [defendant].” That a putative next friend bears the burden of proving her status does not mean that the prisoner’s views, after the 2255 motion was filed, are irrelevant. Federal courts routinely enter show-cause orders directing parties, after a filing, to provide facts necessary to the court’s jurisdiction.
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