can anyone explain to me what a post conviction reliefe is my husband to be just filled his out and i have no idea what it isall info is apperciated thanks

cassandra

I think....and dont quote me here....but I THINK its something like a sentence reduction....sort of like after you are sentenced they cut your time....
Like I said....I think...so therefore I dont know!!! LOL
~Katie

That is right Katie - it is when an inmate motions for relief from the judge's sentence.

There is tons of information on the internet. The rules vary from state to state but here is an example

Post-conviction remedies give a person convicted of crime an opportunity to get relief from their conviction after their conviction has been affirmed on appeal. The most obvious source of relief is an ineffective assistance claim where the prisoner alleges that his or her trial or appellate lawyer failed a duty to the client and the client was prejudiced by it. It is like a malpractice claim, but it is in a criminal forum. Under Arkansas law and the law of most states and in federal courts, prisoners cannot file civil claims that collaterally attack their convictions; the normal post-conviction remedies are the first route. If the prisoner prevails there, then he or she can file a malpractice action.

A post-conviction petition cannot be filed until the direct appeal is complete. The first step is to seek relief in the state courts. There are stringent time limits on when these may be filed. Some states even require that they be filed before the appeal is perfected so the appeal will decide all issues. In Arkansas, it can be done either way. In Arkansas, the post-conviction petition must be filed in Circuit Court within 60 days of the mandate after the appeal. This is jurisdictional, and there are no real exceptions. After the Circuit Court rules, there can be an appeal by either side.

If the prisoner loses the appeal, the next step is a habeas corpus petition in U.S. District Court.

Depending on the state your loved one was convicted in is an indicator on how to proceed with post-conviction relief. Since tome limits on your Habeas is usually the shortest. It is best to do a Habeas Corpus first. In Florida the statute on the State Habeas is 2 years, and the Federal is 1 year and 90 days. Since you cannot file a state Habeas after a federal it is best to file a state ahbeas first. Once the state habeas is filed the clock stops running on the federal habeas until the state habeas is resolved one way or the other. If you fail to get relief with a state habeas you can next file your 3.850 motion cititng your reasons on why the trial was not fair, i. e. ,ineffective legal counsel, new evidence, new supreme court rulings, thing like that. There are a number of good websites for post-conviction relief that explain what must be done. If you can't afford a lawyer you can do it pro se, that means without an attorney, on your own. I hope this helps. Good luck. My husband did his State Habeas pro se and we are now awaiting the Apellate court's ruling.