POSTVERDICTS LAW LIBRARY
What Is Post-Conviction Relief?
Post-conviction relief is a broad name for procedures that may allow a person to challenge a conviction or sentence after the ordinary trial and appeal process. The exact procedure depends on the court and jurisdiction. It may be called a post-conviction petition, collateral review, habeas corpus, or something similar.
General educational information only. Not legal advice.
Important terms
Collateral review means a challenge brought outside the direct-appeal process.
Relief is the remedy requested from a court, such as a new trial, resentencing, or another form of judicial action.
A claim is the legal ground on which relief is requested.
Why it can matter
Post-conviction proceedings can address issues that were not fully resolved on direct appeal, including some claims based on evidence outside the trial record.
Common subjects include ineffective assistance of counsel, withheld favorable evidence, newly discovered evidence, and constitutional violations. Available claims and remedies vary substantially.
Limits to keep in mind
Post-conviction review is not a second trial or an unlimited opportunity to relitigate a case.
Filing deadlines, preservation rules, prior decisions, procedural default, and restrictions on later petitions may prevent a court from reaching the merits.