Post-Conviction Litigation
35-C Litigation
Post-conviction (Rule 35c) litigation is an additional legal channel sometimes available to people who have been convicted of a crime, after appeal rights have been exhausted. Under federal statutes a person convicted of a federal crime may file a motion to vacate conviction and/or sentence requesting a new trial or sentencing. Post-conviction grounds for these motions include the following reasons:
- Ineffective assistance of counsel
- The conviction or sentence is unconstitutional
Typically, post-conviction (Rule 35c) litigation requires hours of careful scrutiny which involves a complete reinvestigation of the case. There is an added focus on material not included in the trial transcript. While the trial transcript may provide clues where to find other material, extensive probing and research becomes necessary. Trial dockets, physical evidence, exhibits, and notes from the clerk not entered into the formal record on appeal all must be reviewed and thoroughly examined. Post-conviction investigation also often includes locating and interviewing witnesses and co-defendants. Even media coverage must be checked over as to its relevance regarding the fairness of the trial.
Mitigating evidence not presented at the trial becomes key in post-conviction (Rule 35c) litigation. With the advent of DNA testing and other more recent technology, physical evidence has frequently been re-examined and provided proof that has vindicated innocent people convicted and serving sentences.
Not only is the investigative and examination process extensive in post-conviction (Rule 35c) litigation, but the complex pleadings and supporting documentation can also be considerable.
See examples of Colorado post-conviction (Rule 35c) litigation Patrick Mulligan has successfully handled here.
To find out how Patrick Mulligan can help you with post-conviction (Rule 35c) litigation go here or call (303) 860-8100.
