Post-Conviction Relief

Post Conviction proceedings are attacks filed by criminal defendants in an attempt to overturn their conviction and or sentence. It is a civil proceeding which is related to, but separate from the criminal case. The second stage of the appeals process is called a post-conviction relief proceeding. At this stage, the convicted person seeks to prove that his trial lawyer was incompetent in handling his case or that there were other errors that prove his trial was unfair.

New counsel may be appointed by the court and an attorney from the Attorney General's Office will represent the State. A mini-trial may be held before a judge without a jury in the county or circuit where the original trial occurred. The judge decides the case either at the mini-trial or later by written order. Post-conviction remedies give a person convicted of crime an opportunity to get relief from their conviction after their conviction has been affirmed on appeal.

The most obvious source of relief is an ineffective assistance claim where the prisoner alleges that his or her trial or appellate lawyer failed a duty to the client and the client was prejudiced by it. A post-conviction petition cannot be filed until the direct appeal is complete. The first step is to seek relief in the state courts. There are stringent time limits on when these may be filed. Some states even require that they be filed before the appeal is perfected so the appeal will decide all issues.

The right of a defendant to bring such a law suit arises under the guarantee found the Constitution of a person to seek habeas corpus relief. In common terms, the right to seek habeas corpus relief is the right of a person to argue that the process taken to incarcerate them was illegal. The two most common types of challenges involve people being held in mental institutions and people incarcerated on criminal offenses.

The Uniform Post-Conviction procedures act to structure habeas corpus proceedings involving a criminal defendant's challenge to their conviction or sentence. In addition, there are specialized post-conviction procedures for criminal defendants who have been sentenced to death.

Defendants also have the right to seek habeas corpus relief in federal court when the person alleges that their incarceration was brought about due to violations of the federal constitution. Some criminal defendants file a law suit in federal court seeking federal habeas corpus relief after an unsuccessful attempt to obtain state habeas corpus.

There are rules that limit the ability of a federal court to hear issues that were not already raised in state court. Therefore, many defendants will post-conviction relief in state court first, then file in federal court second. This state-then-federal filing is one of many reasons why death-penalty cases are frequently drawn out for years.

Allegations that the conditions of a persons incarceration violate their constitutional rights cannot be challenged using the Uniform Post Conviction Procedures Act, but is processed under the Texas Habeas Corpus and Institutional Litigation Procedures Act.

Contact The Sheena Law Firm today to discuss your case.