What is Post Conviction Relief Appeal?

Post-conviction relief is a term used to describe appeals of criminal convictions; these appeals may include a request for release, a new trial, or changes to an already imposed sentence, or any other relief which may be deemed just or proper. The court that hears the request may issue additional orders to the relief granted; these supplementary orders may address rearrangement, or retrial, custody or release.

The term post conviction relief may refer to a law or court rule that allows collateral challenge to a judgment of a conviction which would otherwise be final in the normal appellate review process. Post-conviction relief is governed by both federal and state laws, variations may vary by state. Post conviction relief may be used to preclude state or federal habeas corpus.

When to seek Post Conviction Relief

Post Conviction Relief may be sought when a person who has been convicted of, or sentenced for, a crime by a court of a state, claims:

1. That the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of the state;
2. That the court was in fact without jurisdiction to impose sentence;
3. That the sentence imposed exceeded the maximum permissable by law, or is in fact erroneous;
4. That there exists evidence which was not previously presented or heard, that requires that the conviction and/or sentence be vacated in the interest of justice;
5. That the sentence has in fact expired, the probation, parole or conditional release were unlawfully revoked, or that the person has been unlawfully held in custody or other restraint;
6. That the conviction or sentence is otherwise subject to collateral attack due to any ground of alleged error not previously available under any common law, statutory or other writ, motion, petition, proceeding, or remedy;
7. If a petitioner applies for a writ of habeas corpus, in the court having jurisdiction of his person, attacking the validity of his conviction or sentence, that court shall transfer the cause to the court where the petitioner was convicted or sentenced.

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• What is an Appeal?
• What is Post Conviction Relief Appeal?