Collateral Attack Upon Conviction

Question 1

What is the availability of collateral attack?

Answer 1

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

Question 2

What is a habeas corpus proceeding?

Answer 2

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.