POST CONVICTION

"Post-conviction" refers broadly to legal processes that occur after a criminal trial and sentencing. This stage primarily involves two distinct mechanisms for challenging the outcome: direct appeals and post-conviction relief (PCR) motions, each with different focuses, procedures, and timelines. 

Direct Appeals

A direct appeal is a request to a higher (appellate) court to review the lower trial court's decision for legal or procedural errors that may have affected the verdict. 

• Appeals are generally limited to the evidence and arguments presented in the original trial record. New evidence or witness testimony is typically not considered.

• The goal is to determine if the trial judge or prosecution made a "reversible error" (an error significant enough to have impacted the outcome).

• The appellate court can affirm the original decision, reverse it, modify the ruling, or order a new trial.

• There are strict deadlines for filing a notice of appeal, typically within 30 days after the judgment is entered in  State court. In the Federal Court, a notice of appeal must be filed within fourteen days of the entry of the sentence and judgment.  

Post-Conviction Relief (PCR)

Post-conviction relief (also known as collateral relief or habeas corpus proceedings) involves legal remedies sought after a direct appeal has been exhausted or the appeal window has closed. PCR focuses on issues that were outside the original trial record or constitutional violations not apparent during the trial itself. 

Common grounds for PCR include:

• Ineffective Assistance of Counsel: Claims that the trial