by Attorney Eric D. Puryear Those convicted of crimes committed as a juvenile who are serving life sentences have the right to seek a review and reduction of those sentences, under a United States Supreme Court ruling that was issued on January 25, 2016.
by Attorney Eric D. Puryear After a criminal defendant has been convicted and sentenced and completed his or her direct appeal and state post-conviction relief proceedings, the defendant has one final means to challenge his or her conviction and sentence. This final proceeding is called a federal habeas corpus proceeding, which is found at 28 U.S.C. section 2254 (prisoners in state custody) and 28 U.S.C. section 2255 (prisoners in federal custody). Habeas corpus is defined as a writ requiring a person to produce a prisoner at a designated time and place so that the court can determine the legality of the prisoner’s detention and whether to order the prisoner’s release.
by Attorney Eric D. Puryear Postconviction relief proceedings in Illinois are governed by 725 ILCS 5/122. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing. Typically, postconviction relief actions are initiated after the criminal defendant’s direct appeals have been exhausted
by Attorney Eric D. Puryear Postconviction relief proceedings in Iowa are governed by Iowa Code Chapter 822. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing