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.
