When should post conviction relief be sought?

St. Paul, MN criminal defense attorney Deborah Ellis talks about when post conviction relief should be sought.

Contact Deborah Ellis

Email: deborahellis2626@gmail.com

Phone: (651) 288-3554

Transcript:

Post-conviction relief is different than a direct appeal. So when someone is convicted because they pled a guilt or because a jury’s found them guilty, they can appeal from what happened in the court or that the court made some bad rulings or erroneous rulings. But post-conviction is something that is not part of the record and that would undermine the reliability of the verdict or the conviction. So sometimes those are recantations by a prosecution’s witness, it’s newly discovered evidence that nobody could have found at the time of the trial, prosecutorial misconduct, juror misconduct, ineffective assistance of trail counsel. So those matters cannot be really raised on the direct appeal because they require some additional evidence that needs to be brought in to show a judge this is why we should undo this conviction and give the person a new trial.