Question

Discuss the potential post conviction relief options for a convicted criminal for a judgement notwithstanding the verdict

Answer 1

Post conviction relief :-

It is a process where a convicted tries to get his or her conviction reverse even though they have lost their appeal. It is seeking legal remedies available for the convicted person. One can do it with or without a attorney. The guilty party have to show that he or she was not judged fairly, and if had been properly represented then there is a likelihood that they would not be convicted at all.

Different post conviction relief options are :-

It not uncommon for convicted to seek post conviction remedies after a verdict. Although there are certain conditions which are needed to be fulfilled before proceeding to remedial options.

i) Filing a motion for a new trial or resentencing :-

This request is made by the guilty party to vacate or order a new trial. This relief argues that the judge made a legal error in a lawsuit or may be there was an insufficient evidence for the guilty party to prove him innocence. This remedy is available to federal convicts under the Federal Postconviction DNA Testing Statute, 18 U.S.C.A. § 3600.

ii) The motion to vacate or correct the sentence :-

This appeal means the guilty party believes that the charges was improperly entered against him or her. In this remedy lawsuit once again consider all the papers and trial for oral argument. This relief is available to federal convicts under 28 U.S.C.A. § 2255.

iii) The petition of habeas corpus :-

This is the most common relief among all. This relief appeals that a person cannot be kept in a prison unless being brought in a court to decide whether they are really guilty or not to be kept in a prison. This relief is available to state convicts under 28 U.S.C.A. § 2254 and federal convicts under 28 U.S.C.A. § 2241.

iv) The motion in the nature of coram nobis :-

It is an appeal to the court to legally consider to correct its original judgements and consider other ways to do the judgement. The relief is available to federal convicts under 28 U.S.C.A. § 1651.

v) The motion to correct sentence :-

The first appeal can be done within 14 days of the trial and the second appeal within 120 days of the declaration of the judgement, the guilty party can appeal for the correction of sentences. It is available to federal convicts under Federal Criminal Rule 35(a).

vi) The motion to reduce sentence :-

The court may reduce sentences if they find new evidence in support of the guilty party. This relef is available to federal convicts under 18 U.S.C.A. § 3582(c)(2).

Hope this will help :)