SUMMARY
Covers the nature of postconviction relief compared to direct appeals and state and federal habeas corpus, grounds for relief, procedure, and common issues and strategies between postconviction relief and federal habeas corpus. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 30
POSTCONVICTION PROCEEDINGS
Ryan Kahn
Daniel Toulson
Jason Weber
§ 30.1 NATURE OF POSTCONVICTION REMEDY
§ 30.1-1 Types of Relief Available
§ 30.1-2 Purpose of the Remedy
§ 30.1-3 Relationship to Direct Appeal
§ 30.1-4 Relationship to State Habeas Corpus
§ 30.1-5 Relationship to Federal Habeas Corpus
§ 30.2 GROUNDS FOR POSTCONVICTION RELIEF
§ 30.2-1 Substantial Denial of Constitutional Rights
§ 30.2-2 Lack of Jurisdiction
§ 30.2-3 Excessive, Unauthorized, or Unconstitutional Sentence
§ 30.2-4 Unconstitutionality of Criminal Statute
§ 30.3 PROCEDURE
§ 30.3-1 Parties
§ 30.3-2 Appointment of Counsel
§ 30.3-3 Jurisdiction
§ 30.3-4 Venue
§ 30.3-5 PCHA Procedural Bars
§ 30.3-6 Petition
§ 30.3-7 Responsive Motion and Answer
§ 30.3-8 Discovery
§ 30.3-9 Hearing, Burden of Proof, and Findings
§ 30.3-10 Evidence
§ 30.3-11 Protective Orders and Waiver of Privileges
§ 30.3-12 Judgment
§ 30.3-13 Appellate Review
§ 30.3-14 Conclusiveness of Proceeding
§ 30.3-15 Ethical Considerations
§ 30.4 STATE POSTCONVICTION AND FEDERAL HABEAS CORPUS PROCEEDINGS: COMMON ISSUES AND STRATEGIES
§ 30.4-1 Introduction
§ 30.4-2 Independent Investigation of Counsel
§ 30.4-3 Pro Se Petition
§ 30.4-4 Relationship between Postconviction Counsel and Trial and Appellate Counsel
§ 30.4-5 Effect of Federal Exhaustion Requirement and Procedural Rules on State Postconviction Proceedings
§ 30.4-6 Framing Issues in Postconviction and Habeas Corpus Proceedings
§ 30.5 POSTCONVICTION MOTION FOR DNA TESTING
§ 30.5-1 Commencement of DNA Proceedings
§ 30.5-2 Motion for DNA Testing
§ 30.5-3 DNA Testing and Results
§ 30.5-4 Appeal
Appendix 30A Abbreviations