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Appeals and the Writ of Habeas Corpus FAQ


 
Potential Post-Conviction Remedies

Convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals, and writs. The following list illustrates these steps.

  • Motion for acquittal. Request that the judge decide that there is not enough evidence to convict the defendant.
  • Motion for a new trial. Request that trial judge declare a mistrial and grant a new trial.
  • Appeal to state appellate court. Contends that trial judge made some legal error.
  • Petition for rehearing to state appeals court. Requests that appeals court judges change their own decision.
  • State supreme court appeal. Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
  • U.S. Supreme Court appeal. Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
  • State court habeas corpus petitions. Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
  • Federal habeas corpus petition. Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
Copyright 2006 Nolo

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