New Evidence, Prosecutorial Misconduct, or Ineffective Counsel: Grounds for Post-Conviction Relief

Filing an application for post-conviction relief (PCR) or a habeas motion provides an opportunity to challenge your criminal conviction outside of the appeals process. As a result, even if the deadline to file an appeal in your case has expired, you may still be able to seek to have your conviction overturned. Of course, to file an application for post-conviction relief or a habeas motion, you must have grounds to do so, and the grounds for filing a PCR application or a habeas motion differ from those for filing an appeal. Learn more from Shreveport post-conviction relief attorney Lee Harville:

3 Potential Grounds for Filing an Application for Post-Conviction Relief in State Court or a Habeas Motion in Federal Court

While there are a handful of grounds for filing a post-conviction relief application or a habeas motion, most are based on one of three primary issues. All three issues can serve as the basis for a PCR application in state court or a habeas petition in federal court. When you hire an experienced post-conviction relief attorney to represent you, your attorney will be able to review the trial record in your case to determine if any of these issues can serve as the basis for a PCR application or a habeas motion  based on what happened (or, in some cases, didn’t happen) during your trial:

1. Newly Discovered Evidence

One issue that can justify post-conviction relief is the discovery of evidence that was not presented at trial. For purposes of seeking post-conviction relief, “newly discovered evidence” is defined as “evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial.”

But there are additional requirements for seeking post-conviction relief based on newly discovered evidence. Specifically, to warrant post-conviction relief, newly discovered evidence must generally satisfy the following requirements:

• The evidence could not have been obtained before the end of the trial with the exercise of reasonable diligence;
• The evidence is not merely corroborative or cumulative;
• Presentation of the evidence at trial would likely have resulted in a different outcome (i.e., a “Not guilty” verdict or a reduced sentence).

From new (or different) witness testimony to DNA test results, newly discovered evidence can take numerous forms. If you believe you have discovered evidence that was not presented during your trial, you will want to consult with an experienced post-conviction attorney promptly.

In many cases, evidence will be “newly discovered” post-trial due to either prosecutorial misconduct or ineffective assistance of counsel. As discussed in greater detail below, if prosecutors withheld exculpatory evidence, or if your trial attorney failed to do what was necessary to represent you effectively, this could provide grounds to challenge your conviction or sentence as well.

2. Prosecutorial Misconduct

When seeking convictions at trial, prosecutors have a legal and ethical duty to respect defendants’ constitutional rights and otherwise comply with the law. If prosecutors violate this duty, this can potentially serve as grounds for post-conviction relief based on prosecutorial misconduct.

Some examples of prosecutorial misconduct that can justify post-conviction relief include:

• Withholding Exculpatory Evidence – Withholding exculpatory evidence violates criminal defendants’ rights under the U.S. Supreme Court’s decision in Brady v. Maryland, and it can serve as grounds for post-conviction relief.
• Destroying Evidence – Destroying evidence that is favorable to the defense can serve as grounds for post-conviction relief as well.
• Presenting False Testimony – If a prosecutor knowingly allows or encourages a witness to provide false testimony, this can also justify post-conviction relief in state or federal court.

If you believe that you may be a victim of prosecutorial misconduct, this is also a scenario in which you should consult with an experienced post-conviction relief attorney promptly. Before your initial consultation, you should take detailed notes about why you suspect prosecutorial misconduct, so that you can share as much information with your attorney as possible.

3. Ineffective Assistance of Counsel

The third primary issue raised when seeking post-conviction relief is ineffective assistance of counsel. Whether you hire a private attorney or you are eligible for representation by a public defender, you have the right to receive effective legal representation. If you did not receive effective representation, you may be entitled to have your conviction overturned.

Under the U.S. Supreme Court’s decision in Strickland v. Washington, there are two key elements to a claim of ineffective assistance of counsel. To establish your right to post-conviction relief, you must be able to show that:

• Your defense attorney’s representation fell below an “objective standard of reasonableness” in one or more aspects of your criminal case; and,
• There is a reasonable probability that, “but for counsel’s unprofessional errors,” you would have received a different outcome at trial.

Proving that you received ineffective assistance of counsel is a complex process, and you must be able to show that one or more specific acts or omissions by your attorney negatively influenced the outcome of your case. It is not enough simply to argue that your defense attorney could (and should) have done more to protect you. An experienced post-conviction relief attorney should be intimately familiar with the requirements for proving ineffective assistance of counsel and should be able to assess the likelihood that you will be able to successfully assert ineffective assistance of counsel in your application for post-conviction relief or habeas motion.

Request a Consultation with Shreveport Post-Conviction Relief Attorney Lee Harville

If you need more information about the grounds for filing an application for post-conviction relief or a habeas motion, we encourage you to get in touch. Shreveport post-conviction relief attorney Lee Harville handles post-conviction relief proceedings in both state and federal courts in Louisiana. To discuss your case with Lee in confidence as soon as possible, call us at 318-222-1700 or let us know how to reach you online today.