Colorado Motion to Reopen Petition for Post Conviction Relief

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US-03354BG
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Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.

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FAQ

Post-conviction relief is a procedure that allows the defendant in a criminal case to bring more evidence or raise additional issues in a case after a judgment has been made (post-trial). With valid grounds, post-conviction relief can help you obtain a fair resolution in your case.

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

Under Colorado Rule 35(b), a motion for reconsideration is when defendants who have been convicted of and sentenced for a crime ask the court to lessen the sentence. (The motion is often called a ?Rule 35b motion? or just a ?35b motion?).

?Post-Conviction? defined: In the United States legal system, the term ?post-conviction? refers to the legal process which takes place after a criminal trial results in a conviction of the defendant, or where a defendant accepts a plea of guilty or no-contest.

Postconviction remedies differ from appeals because they may be filed only by those actually in custody and may bring up issues not raised during trial.

The Post Conviction Relief Act1 (?PCRA? or ?the Act?) establishes a procedure. for defendants to collaterally challenge their conviction or sentence. It is the sole. means2 of obtaining state relief following conviction and sentencing.

The most common type of post-conviction relief is mandamus.

Post-conviction relief is when you ask the court to vacate your judgment or sentence. Also called 35(c) motions, post-conviction relief gives you an opportunity to argue why your verdict or sentence was invalid.

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Colorado Motion to Reopen Petition for Post Conviction Relief