_- CrimP 12 - Coll' Attack

Question 1

Collateral attack on conviction

Answer 1

.

Question 2

AVAILABILITY OF COLLATERAL ATTACK

Answer 2

After appeal is no longer available or has proven unsuccessful, defendants may generally still attack their convictions collaterally.

Question 3

Habeas Corpus proceeding

Answer 3

No right to appointed counsel

Petitioner has burden of proof to show unlawful deterntion by preponderence of evidence.

Question 4

HABEAS CORPUS PROCEEDING - long

Answer 4

An indigent has no right to appointed counsel at a habeas corpus proceeding. Petitioner has the burden of proof by preponderance of evidence to show an unlawful detention. The state may appeal the grant of a writ of habeas corpus. A defendant generally may bring
a habeas petition only if the defendant is in custody. Generally, this includes anyone who has not fully served the sentence about which they wish to complain.