STATE POSTCONVICTION REMEDIES
AND RELIEF HANDBOOK (2016-2017 ed.
their postconviction remedies
without ever being given the opportunity
Means, Postconviction Remedies
[section] 26:1 (2013); Note, Retroactivity and the Exclusionary Rule: A Unifying Approach, 97 HARV.
use their own postconviction remedies
to address changes in state
The answer shall respond to the allegations of the contained in the defendant's sufficiently pleaded claims, described any matters in avoidance of the sufficiently pleaded claims, state whether the defendant has used any other available state postconviction remedies
including any other motion under this rule, and state whether the defendant has previously been afforded an evidentiary hearing.
Depending upon the results of testing, state or federal postconviction remedies
of release or a new trial may be available, but those questions will be part of an entirely separate proceeding.
survey of postconviction remedies
in all fifty states and the District
It then analyzes the ways in which the Alford plea has affected each defendant, focusing primarily on postconviction remedies
and other ramifications for an innocent defendant who has essentially pleaded guilty.
As demonstrated by the Dixmoor Five and Englewood Four cases, the law in Illinois governing postconviction remedies
for those who plead guilty is unclear and has been interpreted in different and conflicting ways.
A federal defender who represents clients in capital cases said her office would return to state court to exhaust state postconviction remedies
but would not file a cert petition at that stage; she also explained they would return to federal court after exhausting state claims and would seek cert from the judgment of the United States courts of appeal.
165) Washington had not exhausted his postconviction remedies
because the state had denied his request for an attorney.
153) That distinction is paramount, for postconviction remedies
are deemed collateral attacks (and hence, immune to the right to counsel mandates of the Sixth Amendment), whereas post-trial remedies are not.