POSTVERDICTS
Law Library
Easy to understand guides for post-conviction law.
Understand the terminology, procedures, and legal concepts that often arise after a criminal conviction.
General educational information only. Not legal advice.
Post-Conviction Basics
What Is Post-Conviction Relief?
A plain-English guide to post-conviction relief, the claims it may address, and how it differs from a direct appeal.
Direct Appeal vs. Post-Conviction Relief
Understand the difference between a direct criminal appeal and post-conviction relief, including the record and claims each may involve.
What Is a Writ of Habeas Corpus?
Learn what habeas corpus means, how it is used to challenge unlawful custody, and why habeas review is limited.
State Habeas vs. Federal Habeas
Compare state post-conviction or habeas review with federal habeas review of a state conviction.
What Happens After a Direct Appeal Is Denied?
A practical overview of what may follow the denial of a direct criminal appeal and why deadlines require prompt review.
Can You Pursue Post-Conviction Relief Without a Lawyer?
Learn what pro se post-conviction litigation involves, common challenges, and practical ways to organize research and records.
Federal Habeas
What Is AEDPA?
An overview of AEDPA and the federal habeas rules that affect deadlines, state-court deference, and later petitions.
What Does “Second or Successive” Mean?
Learn how federal habeas law treats later applications and why not every later filing is automatically second or successive.
What Is a Certificate of Appealability?
Understand the certificate of appealability required for many federal habeas appeals and the threshold it applies.
What Happens When a Certificate of Appealability Is Denied?
Learn what a denied certificate of appealability means and what limited review may remain available.
What Is Exhaustion of State Remedies?
A guide to the federal habeas exhaustion requirement and what it means to fairly present a claim to state courts.
What Is Procedural Default?
Understand procedural default in federal habeas cases, including cause, prejudice, and the actual-innocence gateway.
What Is Equitable Tolling?
Learn when equitable tolling may extend the federal habeas filing period and why the standard is demanding.
What Is Rule 60(b) in a Habeas Case?
Learn how Federal Rule of Civil Procedure 60(b) may apply after a habeas judgment and when a motion becomes a new claim.
Claims & Evidence
What Is Ineffective Assistance of Counsel?
A guide to ineffective-assistance claims, deficient performance, prejudice, and the evidence these claims often require.
What Does Strickland v. Washington Require?
Understand the two-part Strickland test for ineffective assistance of counsel and how courts apply it.
What Is Newly Discovered Evidence?
Learn what courts may mean by newly discovered evidence and the questions that affect whether it can support post-conviction relief.
What Does “Actual Innocence” Mean in Post-Conviction Proceedings?
Understand actual innocence as a post-conviction gateway, the role of new reliable evidence, and important limits.
What Is Brady Evidence?
Learn what Brady evidence is and how suppression, favorability, and materiality shape a due-process claim.
What Is Prosecutorial Misconduct?
An overview of prosecutorial misconduct claims and why the legal standard depends on the specific conduct and context.
What Is a Structural Error?
Learn what structural error means, how it differs from ordinary trial error, and why the category is narrow.
What Is a Claim of Judicial Bias?
Understand judicial-bias and recusal claims, including actual bias, objective appearance standards, and procedural limits.
Getting Help
What Does an Innocence Organization Do?
Learn how innocence organizations investigate claims, what services vary, and what information they may request.
How Do Innocence Projects Decide Which Cases to Review?
Understand common innocence-project screening factors and how to prepare a clear, complete case submission.
How Can a Prisoner Find Pro Bono Legal Help?
Practical ways to identify legitimate pro bono post-conviction resources and prepare an effective request for help.
What Records Should You Gather for a Post-Conviction Case?
A practical checklist of court, trial, appellate, counsel, and evidence records useful for post-conviction review.