Post Conviction Relief Flashcards
Motion for Post Conviction Relief
- supersedes habeas corpus relief and must be exhausted first
- it is presented to the sentencing court
- available to anyone sentenced by Florida courts
Grounds for Motion for Post Conviction Relief
- constitutional issues
- lack of jurisdiction
- involuntary plea
- collateral attacks
- that the sentences exceeded the max allowed by law (if this is allegation, it may be made at any time)
Generally:
- noncapital case: must be made within 2 years after the sentence is imposed
- capital case: one year if a death sentence was imposed
Collateral Relief After Imposition of Death Sentence
Motion to vacate must be filed within one year after the conviction and the sentence become final
After the state answers, a case management conference is held to resolve disputes, hear purely legal arguments, and to schedule an evidentiary hearing
- status hearing must be held 90 days after the matter is assigned to a judge and again every 90 days afterwards until the evidentiary hearing ends or the motion is ruled on without a hearing
Post Sentencing DNA Testing
A defendant found guilty of committing a crime may petition the court to order examination of evidence that may contain DNA that would exonerate the defendant or mitigate the sentence received
- must allege that evidence was not previously tested or result were inconclusive, new testing techniques would result in a definitive result
