Postconviction relief definition

Postconviction relief means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss.302.113 (7m) or (9g), 973.19, 973.195, 973.198, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).
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Postconviction relief means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.113 (9g), 973.19, 973.195, 974.06 or 974.07 (2).
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Postconviction relief means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under ….
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Examples of Postconviction relief in a sentence

  • Participate in three hours of continuing legal education related to criminal law each calendar year in which the attorney has an active indigent defense contract.11.3(3) Postconviction relief cases.

  • Post-conviction relief is available when a “conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.” Tenn.

  • Post-conviction relief cases often present mixed questions of law and fact.

  • Post-conviction relief is only warranted when a petitioner establishes that his or her conviction is void or voidable because of an abridgement of a constitutional right.

  • Therefore, the Government, for the sake of transparency, should make public the feasibility studies regarding these investments in order to show that they can generate enough revenue to meet their respective debt service.Already in 2014 the IMF warned the Government of the risk of contracting non-concessional loans15: “Using external non-concessional loans can help finance the vast infrastructure needs, but these loans must be based on investments with clear priorities, as they carry significant risks.

  • Postconviction relief is not a constitutional right; instead, it is a narrow remedy that gives the petitioner no more rights than those granted by statute.

  • Post-conviction relief proceedings; request for extension; victim notificationA.

  • Post-conviction relief is only warranted when a petitioner establishes that his or her conviction or sentence is void or voidable because of an abridgement of a constitutional right.

  • Once the student has met the criteria the student can take the test written or verbally, to move up to Yellow or Blue Sheet.

  • Post-conviction relief pursuant to § 2255 is an extraordinary remedy, available only to a defendant who makes “a sufficient showing of fundamental unfairness.” Singleton v.

Related to Postconviction relief

  • Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

  • Felony Conviction means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559.

  • Convictions other than for minor road traffic offences, any previous or pending prosecutions, convictions, cautions and binding over orders (including any spent convictions as contemplated by section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order, or is a Barred person in accordance with section 3 of the Safeguarding Vulnerable Groups Act 2006;

  • Conviction of fraud or any other felony means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.

  • Relevant Conviction means a conviction that is relevant to the nature of the Services or as listed by the Authority and/or relevant to the work of the Authority.

  • Felony means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.

  • Violent felony means any offense that, if committed by an adult, would constitute a felony and:

  • Relevant Convictions means a conviction that is relevant to the nature of the Services (or as listed by the Authority and/or relevant to the work of the Authority).

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Date of conviction means the date judgment was entered against the individual.

  • Convicted means either of the following:

  • Moral turpitude means conduct that is wrong in itself even if no statute were to prohibit the conduct; and

  • Indictment means a written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender.

  • Misdemeanor means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.

  • Crime means a misdemeanor or a felony.

  • Pleading means any:

  • Forcible felony means any crime defined in Iowa Code section 702.11. This includes felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree. Forcible felonies are not willful injury in violation of Iowa Code section 708.4, subsection 2; sexual abuse in the third degree committed between spouses; sexual abuse in violation of Iowa Code section 709.4, subsection 2, paragraph “c,” subparagraph (4); or sexual exploitation by a counselor or therapist in violation of Iowa Code section 709.15.

  • Health care decision means any decision regarding the health care of the prospective donor.

  • Violent crime means a forcible felony, as defined in Iowa Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.

  • offence means an act or omission punishable by law;

  • Pattern of racketeering activity means the planned, ongoing, continuous or repeated participation or involvement in any offence referred to in Schedule 1 and includes at least two offences referred to in Schedule 1, of which one of the offences occurred after the commencement of this Act and the last offence occurred within 10 years (excluding any period of imprisonment) after the commission of such prior offence referred to in Schedule 1;

  • Offense means a felony, gross misdemeanor, or crime of moral turpitude.

  • Detainee means any person captured, detained, held, or otherwise under the effective control of DoD personnel (military or civilian) in connection with hostilities. This includes, but is not limited to, enemy prisoners of war, civilian internees, and retained personnel. This does not include DoD personnel or DoD contractor personnel being held for law enforcement purposes.

  • Larceny or Embezzlement means larceny or embezzlement as defined in Section 37 of the Investment Company Act of 1940.

  • Criminal justice information system means a system including the equipment, facilities, procedures,

  • serious criminal offence means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;