Texas Motion For Post-Conviction Relief
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FAQ
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).
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.
If you are convicted in a criminal case, you have the right to appeal the decision, to request the higher court to review the decision of a lower court if it went against you and to ask the higher court to determine if the lower court's decision was fair?or unfair.
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.
Principal post-conviction remedy: Habeas Corpus. This remedy is applied for in the convicting court. The remedy is neither an independent civil action nor a postsentencing phase of the original criminal case; instead it is a criminal proceeding separate from the criminal case resulting in the conviction.
The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.
Post-conviction relief in Texas usually takes the form of an application for a writ of habeas corpus. In a habeas corpus proceeding, a defendant may raise claims such as ineffective assistance of counsel, illegal sentencing, or newly discovered evidence that exonerates the defendant.
Texas Code of Criminal Conduct Article 11.07 is titled ?Procedure for conviction without death penalty,? and is the statute that addresses the filing of a writ of habeas corpus for non-death penalty cases. Article 11.071 addresses the filing of a writ of habeas corpus in a death penalty case.