Demystifying the Court System. The "Post-Conviction" Courts:
Dec. 16, 2021
In the last three parts of this Blog, we considered the organization of the trial and appellate courts. In this entry, we will now focus on "post-conviction" courts.
In the “post-conviction” process, an experienced post-conviction lawyer should dissect your entire case once more, this time performing a comprehensive review of all issues and procedures in hopes of finding either newly discovered evidence or errors which were made by your trial lawyer (or in some rare instances, even by your “direct appeal” attorney). Your post-conviction lawyer will then prepare and file a lengthy brief back in front of your trial judge, outlining all of these errors. The prosecutor is then permitted to file an opposing brief before the trial judge ultimately holds a hearing and makes decisions.
If the trial judge sides with your post-conviction lawyer, there is a good chance you will receive a new trial or at least a new sentencing. However, if the judge rules against you, then your case can be transferred back up to the Court of Appeals. Once again, if the first appeal is unsuccessful, your counsel may petition the State supreme court, or in Federal cases, the United States Supreme Court, to accept transfer.
Jonathan Laurans wants you to be educated as to what you may be facing. If you or a loved one has been convicted of a crime in Arizona (or Missouri, Kansas or Texas), or in any Federal court, contact him immediately. Visit his website at www.AZpostconviction.com and then call him at (833) 421-5200 for a free initial legal consultation.