Collateral Attack upon Conviction

Question 1

Availability of Collateral Attack

Answer 1

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

Question 2

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 the evidence to show an unlawful detention.

A D generally may bring a habeas petition only if the D is in custody.

Generally, this includes anyone who has not fully served the sentence about which they wish to complain.