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.
Pennsylvania Motion to Reopen Petition for Post Conviction Relief
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How to fill out Motion To Reopen Petition For Post Conviction Relief?
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If a motion to reopen a case is granted, it means an unfavorable decision will be reconsidered based on new facts. The petition must state this updated information to demonstrate eligibility for reevaluation of eligibility.
A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.
A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case. In a reopened case, the new evidence will be heard by the exact same judge, who will then render an updated verdict.
You must file your post-conviction petition within 7 months of the final judgment date. The time frame is 35 days from the date of the final judgment plus an additional 6 months. If you filed a direct appeal and a petition for leave to appeal to the Illinois Supreme Court.
A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.
A lawyer can seek relief for a convicted individual through Pennsylvania's Post Conviction Relief Act (PCRA). PCRA provides an indirect method of appeal separate and apart from a direct appeal which could proceed from the Pennsylvania Court of Common Pleas.
A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.