We Can Help You Get Through This

Tips for effectively filing for post-conviction relief

On Behalf of | Jul 31, 2024 | Criminal Defense

A criminal conviction doesn’t always mark the end of a legal battle. Post-conviction proceedings allow the defendant to ask the court to modify or withdraw a sentence. The defendant can petition for post-conviction relief to challenge their conviction when eligible.

Common reasons for filing a petition are trial court errors and violations of constitutional rights. It’s a tricky process; the petitioner can request it only once. The Tennessee Administrative Office of the Courts (AOC) offers several tips on filing for post-conviction relief.

What to include in the petition

Information provided in the petition should include:

  • Biographical and case-identifying information in the appendix
  • Affidavit of the petitioner in the appendix
  • Each error claimed as a ground for relief and how the petitioner was harmed
  • Facts substantiating each claim
  • Reasons why each claim wasn’t presented in earlier proceedings
  • Name(s) of the attorney(s) who helped prepare the petition

The petition form is free for any defendant in prison or detention. It is also accessible at any criminal court clerk’s office and on the Tennessee AOC website.

Instructions to follow when preparing the petition

A petitioner only gets one hearing for their case, so they must follow the instructions to a tee. The petition:

  • Must be legibly handwritten or typewritten and then signed by the petitioner who’s under penalty of perjury
  • Doesn’t need citation of authorities since arguments are submitted in a separate memorandum
  • Should be filed separately for each judgment challenged
  • Must include all grounds for relief
  • Should include all specific facts supporting each ground for relief

Once completed, file the original petition form with the appropriate court clerk.

Reasons for dismissal without a hearing

Failure to comply allows the court to dismiss your petition without a hearing, which can happen if your petition:

  • Wasn’t filed on time
  • Was filed while another petition or direct appeal for the same conviction is pending
  • Doesn’t contain specific factual allegations
  • Doesn’t state the reasons why the claim isn’t restricted by the statute of limitations, waived or previously determined
  • Doesn’t entitle you to relief, even if proven true

Under the law, some post-conviction proceedings don’t require a lawyer. However, that shouldn’t discourage any defendant from hiring an experienced criminal defense attorney to ensure that they comply with all requirements and prevent the government from violating their rights.