how do cases get re-opened after the appeals period ends?

[schwanzal]

I know there are some situations where years or even decades later a case is being re-opened due to new advances in technology like DNA testing. I am wondering what the legal mechanism is to do so. My understanding is that there is only a limited time during which a case can be appealed and if that has not occurred that there is no more recourse. And yet, some cases are being reopened and re-tried. What is the term for this legal procedure and what are the steps involved? Thank you

 

[Just Blue]

I know there are some situations where years or even decades later a case is being re-opened due to new advances in technology like DNA testing. I am wondering what the legal mechanism is to do so. My understanding is that there is only a limited time during which a case can be appealed and if that has not occurred that there is no more recourse. And yet, some cases are being reopened and re-tried. What is the term for this legal procedure and what are the steps involved? Thank you

What state?

 

[quincy]

Most states have post-conviction procedures which allow for a prisoner to reopen his case for reexamination. These procedures can be addressed by statute or court rules.

For example, here is a link to Idaho’s post-conviction procedure:
https://isc.idaho.gov/icr39

A federal prisoner can challenge a conviction under 28 USCA 2255, then seek habeas corpus relief.

https://www.law.cornell.edu/uscode/text/28/2255

 

[quincy]

If schwanzal, or someone schwanzal knows, is looking for post-conviction relief or to reopen a case, an attorney is probably the only way to do so successfully.

 

[schwanzal]

What state?

Washington. Thank you for your replies. Do these rules only apply to people currently incarcerated or could someone who was already released also avail themselves of such procedures?

 

[Zigner]

Strange - my post was reported?

You need an attorney, as was pointed out more than once. No need to report me telling you that.

The term you are looking for is "ATTORNEY"

 

[Just Blue]

Washington. Thank you for your replies. Do these rules only apply to people currently incarcerated or could someone who was already released also avail themselves of such procedures?

I don't advise members that abuse the "report" function.

 

[quincy]

Washington. Thank you for your replies. Do these rules only apply to people currently incarcerated or could someone who was already released also avail themselves of such procedures?

Why did you report Zigner’s post?

What exactly is your situation? Were you convicted of a crime, incarcerated, and released from jail/prison on probation or parole?

If so, an attorney in your area can go over with you your available options. Post-conviction relief comes in various forms.

Links to some information on post-conviction relief, Washington state:

https://app.leg.wa.gov/RCW/default.aspx?cite=10.73.090

https://www.kingcounty.gov/depts/prosecutor/criminal-overview/post-conviction.aspx