State Post Conction Relief Petitions

Federal Habeas Courus Petitions


1. State Post Conviction Relief Petitions, (PCR-Rule 32 Petitions).

This Petition is filed after all State 'Dirct Appeals' have been denied. (A Direct Appeal is limited to ('ON' the record) isues: Issues raised in the trial stage of the case). A PCR is based on ('OFF' the record) issues: Legal and/or factual issues not raised during the trial stage, or direct appeal. A PCR raises errors by the defense attorney, or misconduct by the defense attorney; Police, Prosecutor, or Judge. It involves evidence that existed during the trial stage, but was not discovered until the case is re-examined for facts and applicable law.


2. Federal Habeas Corpus Petitions are esentually the same as a State PCR Petition, except they occur after a Federal trial, and Federal Direct Appeal.


3. If unsuccessful in a State PCR, the case can be appealed to the Federal Court in a Habeas Corpus Petition, after all State appeals have been 'Exhausted.'   


4.  In a PCR, 'all' applicable violations of "federal law" have to be raised, along with State violations.


5. The 'Initial PCR Petition' must contain 'all' State and Federal 'Issues. Issues cannot be raised later, unless there are extraordinary circumstances. 


6. If a Habeas Corpus Petition is unsuccessful in the Federal Distrct Court, it can be appealed to the 9th Circuit Court of Appeals, and, if certain requirements are met, it can be appealed to the United States Supreme Court.


6. Caution: PCRs and Habeas Corpus Petitions require a high level of knowledge of the rules that apply to their preparation and presentation. The rules are complicated and strictly enforced. If a mistake is made, the Petition could be summarily denied. - Without the court considering the issues raised in the Petition.