In the Third Circuit Court of Appeals I believe I have a very good issue under 2255. My lawyer did a really bad job and missed something that would have resulted in a totally different outcome. My new lawyer tells me that I should really do my direct appeal first because if I do the 2255 first, I waive my direct appeal rights. She might be right, but I thought that you can include issues from your 2255 in your direct appeal. My lawyer tells me that is a bad idea. Can you explain why?
On a direct appeal your case goes directly to the third circuit court of appeals. If you do a 2255 your case originates in the trial court for in the district court, like the eastern district of pa. At the district court you can request an evidentiary hearing. If you include any issues for your 2255 in your direct appeal, you give up your future right to file a 2255 in the district court and you give up your right to request an evidentiary hearing. At the evidentiary hearing many lawyers will admit they made a mistake if they in fact did make a mistake. Without that hearing, that lawyers assertion would not be in the record and would prevent you from winning your 2255.
Don’t include it. Do them separately.