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How do I get post-conviction relief in Indiana?
Can I file a post-conviction petition in Indiana?
How do I file a second petition for post-conviction relief?
Who is a post-conviction attorney in Indianapolis?
Rules of Post-Conviction Remedies. Including Amendments Received Through January 1, 2021. Find Post-Conviction Relief forms at courts.in.gov.
- Indiana Judicial Branch: Forms
Access more than a dozen forms for use in Indiana commercial...
- Indiana Rules of Post-Conviction Remedies
Rules of Post-Conviction Remedies. Including Amendments...
- Indiana Judicial Branch: Forms
- The Grounds For Post-Conviction Relief
- Indiana Post-Conviction Rules: Filing A Petition
- Indiana Post-Conviction Rules: Pleadings
- Post-Conviction Relief Hearing and Judgement
- Indiana Post-Conviction Rules: Subsequent Prosecution
- Successive Petitions For Post-Conviction Relief
- Want to Speak with An Attorney About Post-Conviction Relief?
In general, post-conviction relief allows for a criminal defendant to directly challenge the legality of a portion of their criminal trial, the judgment of their conviction, or the sentence they have been given. However, one can only present a challenge based on legal grounds that were either unknown or unavailable in the original trial or on direc...
The document that initiates post-conviction proceedings is a petition for post-conviction relief. The Indiana Judicial Branchprovides sample forms for requesting for post-conviction relief. However, defendants must strictly comply with Indiana post-conviction relief rules or risk waiving (or losing) the opportunity to seek post-conviction relief.Th...
Upon filing a petition for post-conviction relief, the petitioner has several deadlines to keep in mind. These deadlines are contained in section four of the Indiana post-conviction rules, and pertain to state response, requests to make a change of judge and the period to amend petition, among other elements of the post-conviction process. Section ...
When a hearing is called to review a defendant’s petition for post-conviction relief, the burden of establishing grounds for relief by preponderance of evidence is placed on the petitioner. This means that the petitioner must prove that one of the statutes’ grounds applies, and that they must overcome the objections and evidence of the state that t...
Section 10 of the Indiana post-conviction rules states that if prosecution is initiated against a petitioner who has successfully sought relief under this rule and a conviction is subsequently obtained, or the sentence has been set aside and the petitioner is to be resentenced, then the sentencing court cannot, in most cases, impose a more severe p...
While obtaining post-conviction relief is rare, obtaining relief under a subsequent or successive post-conviction petition is even less common. However, section 12 of the Indiana post-conviction rules does allow for a petitioner to request a second, or successive, petition for post-conviction relief. However, they mustproperly and legibly complete ...
Understanding the Indiana post-conviction rules is a challenge, but successfully petitioning the State for relief is an even bigger challenge. The rules for filing a petition are strict, and the court is adamant that they will not review petitions that don’t completely comply. To maximize your chances of receiving post-conviction relief in Indiana,...
What Is Indiana Post-Conviction Relief? Post-conviction relief is a legal process in which a criminal defendant challenges the legality of some portion of the criminal trial, the judgment of conviction, or the sentence on legal grounds that were unknown or unavailable in the original trial or on direct appeal.
We are familiar with post-conviction relief (UPCPA) under Rule 1, Indiana R. Proc. For Post-Conviction Remedies. We are also familiar with motions to correct erroneous sentences, motion to reduce sentence, habeas corpus, practice and procedure in the federal district courts and the Seventh Circuit Court of Appeals.
The Public Defender of Indiana provides representation for Indiana post-conviction relief actions to convicted and sentenced adults, and adjudicated and committed juveniles, who are incarcerated and serving (or subject to future service of) a sentence or commitment imposed by an Indiana court, and are indigent, that is, unable to afford hired co...
If you have been convicted and sentenced for a crime, this doesn’t have to be the end of your fight. Even if you have exhausted your appeals, a post-conviction release may be possible. At Stracci Law Group, we are well experienced with post-conviction relief or sentence modification in Northwest Indiana.
