Indiana Successive Post-Conviction Relief is a legal process that allows a person convicted of a crime to challenge their conviction or sentence after all direct appeals have been exhausted. It is a form of collateral review whereby a petitioner can raise new or additional claims that were not raised on direct appeal. It is available to individuals who have already been convicted and sentenced in Indiana state court. There are two types of Indiana Successive Post-Conviction Relief: “Gated” Relief and “Ungated” Relief. Gated Relief requires that the petitioner present a substantial showing of the denial of a constitutional right to be granted relief. Ungated Relief allows the petitioner to present any claims that were not, or could not have been, raised on direct appeal. In either case, the petitioner must present sufficient evidence to support their claims in order for the relief to be granted.
Indiana Successive Post-Conviction Relief
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FAQ
conviction relief motion pursuant to Rule 3.850 is often used to challenge a conviction or sentence based on the performance of an attorney. The Florida Constitution and United States Constitution both guarantee EFFECTIVE assistance of counsel.
If you are convicted after a trial or the Judge had the ability to use discretion in your sentence following a plea agreement and you wish to appeal your case, you will have the right to file an appeal.
Typically, post-conviction relief refers to the process of filing petitions for ?habeas corpus? either in state court or in federal court. This process is generally after the trial and sentence are finalized, and after any direct appeals have been decided (including any rulings by the U.S. Supreme Court).
While exoneration is the most common positive outcome of post-conviction relief, it is not the only possible outcome. In some cases, the courts may also order a re-sentencing hearing, a new appeal, or a new trial.
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.
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
Principal Post-Conviction Remedy (D.C.): The remedy is a post-sentencing phase of the original criminal case, not an independent civil action. The remedy is authorized by statute. There is a custody requirement applicable to the remedy. Newly discovered evidence of innocence is not a ground for relief under the remedy.