|
The Law Firm of Frank Stanley's appellate and post-conviction practice is known for its success in helping clients convicted of state or federal crimes seek post-conviction relief. The firm frequently successfully represents clients who were initially tried years earlier.
Post-conviction remedies give a person convicted of crime an opportunity to get relief from their conviction after their conviction has been affirmed on appeal. The most obvious source of relief is an ineffective assistance claim where the prisoner alleges that his or her trial or appellate lawyer failed a duty to the client and the client was prejudiced by it.
A post-conviction petition cannot be filed until the direct appeal is complete. The first step is to seek relief in the state courts. There are stringent time limits on when these may be filed. Some states even require that they be filed before the appeal is perfected so the appeal will decide all issues.
If the prisoner loses the appeal, the next step is a habeas corpus petition in U.S. District Court. Under the federal law known as AEDPA, the Anti-Terrorism and Effective Death Penalty Act, the habeas corpus petition must be filed in federal court within ten months of the affirmance by the state appellate court of the post-conviction denial. This is also jurisdictional. Cases are lost all the time because the issues were not timely filed in the appropriate court. Also, procedural default review is now mandated by Congress under AEDPA.
Frank Stanley knows his way through this procedural maze and will protect your rights.
From Grand Rapids, Michigan, criminal defense attorney Frank E. Stanley represents clients in both local and federal cases from throughout west Michigan, in cities including Lansing, Kalamazoo, Grand Haven, Holland, Allegan, St. Joseph, Traverse City, Muskegon, Marquette, and Detroit.
|