Practice
Post-conviction: when the record isn't the whole story
Some errors don't show in the transcript: a lawyer who never called a witness, evidence the prosecution kept back, a change in the law after sentencing. Those are raised by petition, usually after the appeal.
State habeas petitions
Claims that need facts outside the record, supported by declarations, documents and sometimes a hearing.
Federal habeas
Petitions in federal court after state remedies run out, under strict filing limits and narrow rules of review.
Ineffective assistance
When trial counsel's choices fell below the standard and changed the result. We gather the file and talk to the people involved.
Evidence found later
A recanting witness, new forensic testing, or records that weren't available before trial.
Changes in the law
Resentencing and relief petitions when a court or the legislature changes a rule that applied to the case.
Motions to vacate
Motions in the trial court to undo a conviction, such as a plea entered without advice the law required.
Questions
Before you start a petition
Is there a deadline for a habeas petition?
Yes, and in federal court it's strict and short. State courts measure timeliness differently. Either way, waiting rarely helps; tell us when the appeal ended.
Can a family member hire you?
Yes. A family member can pay and talk with us, but our client is the person convicted, and decisions are theirs.
Do you need the trial lawyer's file?
Usually. We ask for it in writing, with the client's permission, and read it beside the record.
Something went wrong outside the record?
Tell us when the appeal ended, or that there wasn't one. We'll say which petitions may still be open.