Have you ever wondered what type of issues to search for in a criminal case to achieve successful post-conviction relief? The post-conviction relief checklist will simplify and offer suggestions on potential topics to look for during this process.
Post-conviction relief can occur after establishing a procedural rule was violated, or relief may come after presenting a novel legal issue never encountered by a court. Each case has its defendants, investigating agencies, lawyers and judges. While criminal proceedings begin and progress through a similar process, the actors and interactions are different. Whether or not these differing elements safeguarded a defendant’s rights during the criminal process will decide if, and where, a successful post-conviction relief argument may be discovered.
While it is impossible to list every legal error to investigate when conducting post-conviction relief analysis, you should consider some common occurrences. All convicted individuals had some form of police interaction. Each person progressed through court proceedings and was pronounced “guilty” following a trial or after entering into a plea agreement. The court then sentenced every defendant. Throughout this journey, there exists the possibility an error was made. Any unearthed errors can then be presented in the post-conviction briefing process. If a reviewing court determines the raised error caused the defendant prejudice, post-conviction relief will be successful.
What is the Post Conviction Relief Checklist?
This list will help you locate, research, and develop a potential post-conviction relief claim; the post-conviction relief checklist contains a listing of events wherein some legal error may have occurred. The identified procedural areas begin with the initial police encounter, progress through trial, and continue through the sentencing phase. The checklist will also help identify several reviewable grounds associated with the plea agreement process and offer guidance regarding counsel’s performance leading up to and after a defendant’s conviction.
An applicable case is referenced for the associated potential issue with each identified legal point in the post-conviction relief checklist. For example, Was the traffic stop legal? This question cites the case of Terry v. Ohio, 88 S.Ct. 1868 (1968). By referencing the associated case, a defendant can become familiar with the legal standard and subject the event to further analysis and possible claim development. The checklist offers advisement to look at potential errors occurring in the pretrial, trial, plea agreement and sentencing stages of a defendant’s criminal case.
The post-conviction relief checklist is not intended to replace legal counsel. The list’s purpose is to direct a defendant into reviewing the various procedural phases wherein a post-conviction claim may be discovered. Notably, many defendants are self-reliant upon pursuing a post-conviction relief claim without the guidance of counsel. This is especially true for incarcerated defendants during some levels of the post-conviction process. The post-conviction checklist promises to be an excellent tool for incarcerated individuals who fall into the unrepresented group of defendants pursuing post-conviction relief. Complete the form to receive your free emailed copy of the post-conviction relief checklist and start the case review today!
Have you purchased The Colossal Book of Criminal Citations? This premiere book will help defendants present all these issues and more at any level of the post-conviction process. With over 5000 criminal case references addressing over 120 legal topics, this book will guide every defendant through all levels of post-conviction relief. Containing State, District, Federal Circuit and U.S. Supreme Court Cases, The Colossal Book of Criminal Citations will help every defendant navigate the post-conviction process. Order your copy today: www.barkanresearch.com/buy-now