Post-Conviction Relief Appeals: Seeking Justice After a Conviction

Even after a criminal conviction, there are legal avenues available to challenge the outcome of a case. Post-conviction relief provides an opportunity for individuals to address claims that were not resolved during the trial or on direct appeal. Common claims include constitutional violations, newly discovered evidence, or ineffective assistance of counsel. A successful post-conviction relief appeal can lead to a new trial, reduced sentence, or even a complete overturning of a conviction.

At Hofland & Tomsheck, attorneys Josh Tomsheck and Jason Carr bring a wealth of experience to post-conviction appeals in Nevada and federal courts. Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, and Jason Carr, a seasoned appellate attorney with numerous successful post-conviction cases before the Ninth Circuit Court of Appeals, are committed to seeking justice for those wrongfully convicted or unfairly sentenced.

1. What Is Post-Conviction Relief?

Post-conviction relief allows individuals to challenge their convictions or sentences based on issues that were not addressed during trial or direct appeal. Unlike direct appeals, which focus on trial errors, post-conviction relief typically addresses broader issues regarding the fairness of the proceedings, the performance of defense counsel, or newly discovered evidence.

Common grounds for seeking post-conviction relief include:

• Ineffective Assistance of Counsel: Under the Sixth Amendment, defendants have the right to competent legal representation. If an attorney failed to investigate key evidence, present a defense, or properly advise the defendant, this could be grounds for a post-conviction claim.
• Newly Discovered Evidence: Post-conviction relief can be sought if new evidence, such as DNA tests or witness recantations, becomes available after the trial that could have impacted the outcome of the case.
• Prosecutorial Misconduct: Claims of misconduct by the prosecution, such as withholding exculpatory evidence or tampering with witnesses, can justify post-conviction relief.
• Constitutional Violations: Defendants may seek relief if their constitutional rights were violated during the investigation, trial, or sentencing. This could include violations of the Fourth Amendment (unlawful searches and seizures), Fifth Amendment (self-incrimination), or due process violations.

Post-conviction relief can result in an overturned conviction, a new trial, or a modified sentence.

2. Post-Conviction Relief in Nevada

In Nevada, post-conviction relief is governed by Nevada Revised Statutes (NRS) Chapter 34, which provides the framework for filing writs of habeas corpus and other forms of relief. A writ of habeas corpus challenges the legality of an individual’s detention based on constitutional violations or legal errors.

Filing a Writ of Habeas Corpus in Nevada

Under NRS 34.720, convicted individuals can file a writ of habeas corpus to challenge their detention. The petition must be filed within one year of the conviction becoming final, although exceptions may apply in cases involving newly discovered evidence or claims of actual innocence.

Key elements of a Nevada habeas corpus petition include:

• Factual Basis: The petition must clearly state the legal and factual basis for the claims, such as ineffective assistance of counsel, new evidence, or constitutional violations.
• Supporting Evidence: Petitioners must provide supporting documentation, such as trial transcripts, affidavits, and expert testimony.
• Timeliness: The petition must be filed within the prescribed time limits, although exceptions may be made in certain cases.

At Hofland & Tomsheck, we have extensive experience representing clients in post-conviction habeas petitions. Our team meticulously gathers evidence, develops compelling legal arguments, and navigates the complex procedural requirements of post-conviction appeals.

3. Federal Post-Conviction Relief

In addition to state post-conviction remedies, individuals convicted in federal court, or those who have exhausted their state remedies, can seek federal post-conviction relief under 28 U.S.C. § 2255 or 28 U.S.C. § 2254.

• 28 U.S.C. § 2255: This statute allows individuals convicted in federal court to challenge their conviction based on constitutional violations, newly discovered evidence, or legal errors.
• 28 U.S.C. § 2254: This allows individuals convicted in state court to seek federal habeas corpus relief after exhausting state remedies, typically involving claims of constitutional violations during the trial or appeal process.

Federal habeas corpus petitions must adhere to strict deadlines, including a one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act (AEDPA). Additionally, petitioners must exhaust all state remedies before seeking federal relief.

Jason Carr has extensive experience in federal post-conviction cases and has successfully represented clients in federal courts, including the Ninth Circuit Court of Appeals. His expertise in federal habeas law ensures that clients receive comprehensive representation in federal post-conviction matters.

4. Grounds for Post-Conviction Relief

Post-conviction appeals rely on several legal and factual grounds, including:

• Ineffective Assistance of Counsel: The Strickland v. Washington standard requires petitioners to show that their attorney’s performance was deficient and that this deficiency impacted the outcome of the case.
• Newly Discovered Evidence: Evidence unavailable during the trial, such as new forensic tests, can provide grounds for relief.
• Prosecutorial Misconduct: Misconduct by the prosecution, such as withholding exculpatory evidence (Brady violations) or tampering with evidence, can warrant post-conviction relief.
• Constitutional Violations: Violations of constitutional rights, such as the right to a fair trial or protection against illegal searches and seizures, can form the basis for post-conviction relief.

At Hofland & Tomsheck, we have successfully represented clients in post-conviction cases involving claims of ineffective counsel, new evidence, prosecutorial misconduct, and constitutional violations.

5. The Importance of Experienced Post-Conviction Attorneys

Filing for post-conviction relief requires in-depth knowledge of constitutional law, procedural rules, and appellate practice. Success depends on identifying legal errors, gathering evidence, and presenting persuasive arguments. Without experienced post-conviction counsel, the likelihood of success diminishes.

At Hofland & Tomsheck, our attorneys provide skilled representation in post-conviction cases. Josh Tomsheck and Jason Carr work closely with clients to explore all legal options, build strong cases, and pursue justice through post-conviction relief. Whether challenging a conviction, seeking a reduced sentence, or filing a federal habeas petition, we have the expertise to guide you through the process.

6. Why Choose Hofland & Tomsheck for Your Post-Conviction Relief Appeal?

Choosing the right attorney is crucial in post-conviction relief cases. At Hofland & Tomsheck, we offer:

• Nationally Board-Certified Expertise: Josh Tomsheck is a board-certified criminal lawyer with extensive post-conviction experience.
• Proven Appellate Experience: Jason Carr has argued numerous post-conviction cases before state and federal appellate courts, achieving successful outcomes for his clients.
• Personalized Attention: We tailor our approach to each client’s unique circumstances, ensuring a focused and individualized strategy.
• Commitment to Justice: Our firm is dedicated to correcting wrongful convictions and unjust sentences, leaving no stone unturned in our pursuit of justice.

Contact Us Today for a Free Consultation

If you or a loved one is seeking post-conviction relief, don’t delay. Time limits apply, and the process is complex. Contact Hofland & Tomsheck today for a free consultation. Our experienced attorneys will review your case, discuss your legal options, and provide the guidance needed to pursue post-conviction relief.