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What Is Indiana Post-Conviction Relief? Post-conviction relief is a legal process in which a criminal defendant challenges the legality of some portion of the criminal trial, the judgment of conviction, or the sentence on legal grounds that were unknown or unavailable in the original trial or on direct appeal.
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.
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.
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.
? PCR = Post-Conviction Relief: ? Definition: Legal maneuvers in state and federal criminal courts to vacate, appeal, or mitigate a criminal conviction. ? Examples: ? Direct Appeal (timely filing of notice) ? Late Notice of Appeal (motion required)
The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.