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Appeals & Post-Conviction Relief

PERSONAL RESTRAINT PETITIONS ("PRPs") AND HABEAS CORPUS

In addition to direct appeals, a person may challenge a conviction by means of a "collateral attack."  This process may take the form of a Motion for New Trial in the state superior court; a Personal Restraint Petition in the state Court of Appeals or Washington Supreme Court; a petition for habeas corpus in federal court, challenging a state court conviction; or a 2255 petition in federal court challenging a federal conviction.

Generally, these petitions must be filed within one year of a sentence or the end of an appeal. There are a few very limited exceptions to this time limit.

Filing a petition requires significant preparation. I begin by reviewing the entire record of the trial and appeal and trial counsel's files. We may need to conduct additional investigation that was not done before trial. We may need to locate and interview witnesses and get sworn statements from them. As before a trial, we may need the assistance of expert witnesses. The petition, like a brief, must cite the relevant law to explain what the law requires to grant you relief.

These procedures are complicated and take extensive time. However, for clients who have not succeeded at trial or on appeal, these avenues are essential to continue to challenge their convictions.

Successful case examples of Post-Conviction Relief


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2125 Western Ave., Suite 330 Seattle, WA 98121
Tel: (206) 728-0996 / email: lenell@nussbaumdefense.com
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