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Innocent and Took a Plea Bargain to Avoid Life Without Parole

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  • 09-24-2008, 05:52 PM
    martin
    Re: Innocent and Took a Plea Bargain to Avoid Life Without Parole
    Your husband could always file a post-conviction writ of habeas corpus raising, for example, ineffective assistance of counsel pursuant to Strickland. While the standards pronounced in Strickland are difficult to show it is possible. Make absolutely sure that if he does file a writ that he includes affidavits, reporters records from the proceedings, and other evidence to support his contentions as the burden is on him.

    Moreover, make sure he contacts an attorney as you really need to make the writ as compelling as possible as most states have laws that make subsequent writs very easy to dismiss without reaching the merits of the complaint.
  • 09-24-2008, 06:26 PM
    BOR
    Re: Innocent and Took a Plea Bargain to Avoid Life Without Parole
    Quote:

    Quoting martin
    View Post
    Your husband could always file a post-conviction writ of habeas corpus raising, for example, ineffective assistance of counsel pursuant to Strickland.



    If you are talking about a 2254 Petition, state remedies must be exhausted first.
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