After your appeals have been exhausted you may seek relief through post-conviction filings for Kansas state convictions, under K.S.A. 60-1507, and for Federal convictions, under 18 U.S.C. 2255. Although these cases are difficult to win, a victory could mean a new trial, a new sentencing hearing, or other relief.
During a direct appeal the Court looks primarily at legal errors that occurred during the trial. This is the purpose of your attorney’s objections during the trial, to perserve error. To put it simply; it is the job of the appellate courts to decide whether the trial court was correct in making rulings on those objections and other legal issues during the trial, including rulings on defense motions.
However, your attorney might have failed to lodge a necessary objection, or file a relevant motion. Relevant evidence may have been kept from you, intentionally or not, or other evidence or witnesses may not have been discovered until after the trial. These are just a few of the arguments that can be raised in a post-conviction petition.
The Sixth Amendment of the United States Constitution guarantees your right to the effective assistance of counsel to defend you during a criminal proceeding. The United States Supreme Court has ruled that a trial attorney is ineffective when they do not meet an objective standard of reasonableness, and if not for the attorney’s error, the outcome of the case would have been different.
For an analysis of your criminal conviction, Contact Jim Pratt.