Postconviction Remedies

Postconviction Remedies

A variety of relief sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sentence was based upon some violation of the U.S. Constitution.Among the most common postconviction remedies available are the writ of Habeas Corpus and the writ of Coram Nobis.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
This development came after the anti-graft court granted her motion to avail postconviction remedies and post P300,000 bail for her temporary liberty as she challenges her conviction.
16, already placed herself within the court's reach when she personally posted a separate P150,000 bail, pending the resolution of her 'motion for leave to avail of postconviction remedies.'
My objectives in this Article are to model the effect of structural change on state postconviction remedies, to make sense of and evaluate the responsive federal intervention, and by extension to understand the role that State PCR will play in modern criminal process.
WILKES, JR., 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.
12 'motion for leave of court to avail herself of postconviction remedies,' invoked the excuse of old age and frail health in seeking the restoration of her right to appeal and asking to be allowed to post bail.
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.