{"id":649,"date":"2018-12-12T10:00:00","date_gmt":"2018-12-12T10:00:00","guid":{"rendered":"https:\/\/legaleasesolutions.com\/?post_type=articles&p=649"},"modified":"2023-03-27T06:24:43","modified_gmt":"2023-03-27T06:24:43","slug":"post-conviction-relief-path-to-collateral-relief-from-a-criminal-conviction","status":"publish","type":"articles","link":"https:\/\/legaleasesolutions.com\/articles\/post-conviction-relief-path-to-collateral-relief-from-a-criminal-conviction\/","title":{"rendered":"Post-Conviction Relief \u2013 Path to Collateral Relief from a Criminal Conviction"},"content":{"rendered":"\n

What is Post-conviction Relief?<\/h2>\n

In the United States, the law provides post-conviction relief (PCR) to safeguard citizens from unjust, unconstitutional, or erroneous convictions[1]<\/a><\/sup>. The post-conviction procedures afford inmates a last chance to dispute their underlying convictions after losing a direct appeal[2]<\/a><\/sup>. Post-conviction relief is available in the form of a new trial, a reduced or new sentence, expungement, permission to file post-trial motions, reversal of conviction etc.<\/p>\n\n

The law mandates a convicted person to undergo the prescribed sentence. Nonetheless, by filing a PCR, such a convicted person has the opportunity to claim justice, if there is an infringement of his or her constitutional rights during the course of trial. Through PCR, the convicted person can notify the court of any unresolved fact or law which is relevant to the conviction[3]<\/a><\/sup>. PCR replaces several other forms of collateral relief available to a convicted person, even though few other exceptions still remain[4]<\/a><\/sup>. However, only those claims involving \u201cevidence outside the trial record may first be raised in a petition for state post-conviction relief.\u201d[5]<\/a><\/sup>\n<\/p>\n

\u201cLikewise, a person cannot file an application for PCR pending appeal or during the time when an appeal may be perfected.\u201d<\/span>\n

How Does Post-conviction Relief Work?<\/h2>\n

Post-conviction relief processes differ from state to state, although many states have similar procedures. The post-conviction relief process starts with the filing of the petition at the court that convicted the individual. The petition has to state the grounds for which the individual is seeking relief from. The court will appoint a lawyer to the convicted individual after the petition successfully goes through. A brief will be filed by this lawyer, who will argue on behalf of the individual on why they should be granted post-conviction relief. To counter this claim, the prosecutor will file a brief. After all parties state their claims, the court will hold a hearing where both sides will argue their case, and the stronger side with evidence and strong legal matter will have the PCR process filed and finished.<\/p>\n\n<\/p>\n

Applying for PCR<\/h2>\n

Under the law, any person convicted or sentenced for committing a crime can file an application for PCR[6]<\/a><\/sup>. The law on applying for a PCR varies in different states. For instance, in South Carolina, it is not necessary that a person be in custody to institute a post-conviction proceeding[7]<\/a><\/sup>. But in Louisiana, subject to an exception of enhanced sentence, the courts bar review of an application for PCR if the person does not satisfy the custody requirement under La. Code Crim. Proc. Ann. \u00a7 art.924[8]<\/a><\/sup>. In Louisiana, a person who has served his sentence is entitled to subsequently challenge his prior conviction, which is constitutionally invalid based on collateral results, such as a possible enhanced sentence and a vulnerability to a multiple offender proceeding.[9]<\/a><\/sup><\/p>\n

Likewise, a person cannot file an application for PCR pending appeal or during the time when an appeal may be perfected.[10]<\/a><\/sup> He\/she must apply for a PCR within the prescribed time limit under the particular state law. However, certain states like New Jersey provide exceptions for an untimely filing of a PCR on the grounds of excusable neglect and fundamental injustice[11]<\/a><\/sup>.\n<\/p>\n

\u201cUnlike an appeal, a PCR proceeding may address new claims or new evidence.\u201d<\/span>\n<\/p>\n

PCR is Not a Substitute for Direct Appeal<\/h2>\n

Post-conviction relief is neither “a substitute for direct appeal nor an opportunity to re-litigate cases already decided on the merits.\u201d[12]<\/a><\/sup> In a direct appeal, the main dispute is on the legal rulings that are the basis of the sentence or conviction[13]<\/a><\/sup>. Further, the entire process of appeal rests on the trial court record[14]<\/a><\/sup>. Unlike an appeal, a PCR proceeding may address new claims or new evidence. Also, if the convict files a PCR prior to the lapse of time for filing an appeal from the judgment of conviction and sentence, the trial court can extend the filing time of an appeal on the matter until the PCR proceeding is complete.[16]<\/a><\/sup>\n<\/p>\n

Likewise, if one applies for a PCR while an appeal is pending, the appellate court can suspend the appeal until it reaches a conclusion on the PCR proceeding or transfer the proceeding to the appellate court immediately. These powers can be used by the trial court or appellate court to make simultaneous considerations, in case the appeal is from the judgment of conviction and sentence, and in case, an appeal is from the judgment in the PCR proceeding by joinder of appeals to contribute an orderly administration of criminal justice.[18]<\/a><\/sup>\n<\/p>\n

\u201cPCR mainly focuses on any allegation of errors of law or facts that arise outside the trial court records, or errors that the previous counsel has committed.\u201d<\/span>\n<\/p>\n

Furthermore, a direct appeal bars an applicant from raising any claim of trial error in the PCR that could be raised in a direct appeal and reassert any issues previously raised on direct appeal[19]<\/a><\/sup>. Thus, PCR mainly focuses on any allegation of errors of law or facts that arise outside the trial court records, or errors that the previous counsel has committed[20]<\/a><\/sup>. On the other hand, a direct appeal deals with the appropriateness of court rulings in deciding a specific request for relief or its objections.[21]<\/a><\/sup>\n<\/p>\n\"#\"\n

A Collateral Relief from an Unlawful Criminal Conviction<\/h2>\n

Besides certain specific exceptions, PCR is a collateral relief that replaces several other common law remedies.[22]<\/a><\/sup> One must file a PCR in the same court that rendered the challenged judgment of conviction and sentence[22]<\/a><\/sup>. A successful PCR that challenges the conviction and sentence, that includes cognizable claims, can be brought under the following grounds.\n<\/p>\n

Meritorious Claims that Challenge Judgments<\/h2>\n

Meritorious claims challenge judgments of conviction and sentence, and include cognizable claims:<\/strong><\/p>\n\n