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As our justice system is not infallible, there are times when wrongful convictions take place, and those convicted would like to challenge the ruling. This is where post-conviction relief comes in. Post-conviction relief is a way for people who have been convicted of a crime to challenge their conviction or sentence by seeking a new trial, sentence modification, or other legal remedies.
There are five common options available for post-conviction relief, which are outlined in greater detail below:
Appeals
An appeal is a request for a higher court to review a lower court's decision. In the context of a criminal case, this means that a convicted person would appeal their conviction to a higher court, such as an appellate court, and ask that court to overturn the lower court's ruling. An appeal may be based on a number of grounds, such as errors by the trial court or the prosecutor, flaws in the evidence used against the defendant, or constitutional violations.
Writ of Habeas Corpus
A writ of habeas corpus is a legal order that requires the government to bring a prisoner before a court and show cause as to why they are being held. In the context of a criminal case, a writ of habeas corpus may be issued if the prisoner believes that their detention is unlawful and that they are entitled to release. This option is often used in situations where a person has been convicted and sentenced to a long prison term, but new evidence has come to light that may suggest that they are innocent.
Petition for Writ of Certiorari
A petition for writ of certiorari is a request that a higher court review a lower court's decision. In the context of a criminal case, this may be used if a person has exhausted all of their appeals and wishes to ask the court to review their case one more time. This option is often considered a long shot, as the higher court typically only grants a small percentage of these petitions.
Motion for a New Trial
A motion for a new trial is a request that the trial court set aside its verdict and grant the defendant a new trial. This option is often used when new evidence has come to light that was not available at the time of the original trial or when there has been misconduct by the prosecutor or jury that may have affected the outcome of the trial.
Writ of Coram Nobis
A writ of coram nobis is a legal order that allows a person who has been convicted of a crime to ask the court to vacate the conviction. This option is often used in situations where a person has been convicted of a crime and has served their sentence, but the conviction still has negative consequences on their life, such as preventing them from getting a job or obtaining a professional license.
Overall, post-conviction relief is an important legal process that allows people who have been wrongfully convicted to seek justice. By understanding the available options, individuals can make informed decisions about how to proceed with their case and fight for their rights.
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