Postconviction Remedies

• Postconviction Remedies

A variety of relief sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sen...

• West's Encyclopedia of American Law
• Po–San

• State v. Bush, 96 Ohio St.3d 235 (2002)

Criminal law — Appeals — Postconviction remedies — R.C. 2953.21 and 2953.23 do not govern a Crim.R. 32.1 postsentence motion to withdraw a guilty plea.

• Ohio Supreme Court

• State v. Simon, 87 Ohio St.3d 531 (2000)

Criminal law - Postconviction remedies - Under R.C. 2953.36, a defendant who is ineligible for probation pursuant to R.C. 2951.02 is ineligible to have his record sealed * * *.

• Ohio Supreme Court

• Wall v. Kholi, 562 U.S. (2011)

... filed an application for state postconviction relief, see R. I. Gen. Laws 10-9.1-1 et seq. (Lexi... appeal and "a number of collateral remedies," including Federal Rule 35motions, §2255 mot...

• U.S. Supreme Court

• Charles Keller v. USA, (7th Cir. 2011)

... it was barred by the waiver of postconviction remedies in his plea agreement. . We affirm. Whi...

• Federal Circuits

• State v. Hamilton, (Ohio 1996)

Criminal procedure - Postconviction remedies - Prosecutor's participation in a hearing on an application to seal the record of a conviction is not limited to issues specified by prosecutor in written objection filed pursuant to R.C. 2953.32(B).

• Ohio Supreme Court

• State v. Bass, 96 Ohio St.3d (2002)

Criminal law — Appeals — Postconviction remedies — R.C. 2953.21 and 2953.23 do not govern a Crim.R. 32.1 postsentence motion to withdraw a guilty plea — Court of appeals’ judgment reversed on authority of State v. Bush and cause remanded.

• Ohio Supreme Court

• Miller v. Walton, (Ohio 2005)

Postconviction-Writs-Procedure/Rules: The common pleas court properly dismissed an R.C. 2953.21 petition for postconviction relief: The petition was not, as the court found, subject to dismissal under the doctrine of res judicata, because it depended for its resolution upon evidence outside the record; but the postconviction statutes afforded no remedy because they apply only to a common-pleas-court conviction, and the petition sought relief from a municipal-court conviction. The common pleas court properly dismissed an R.C. 2725.01 petition for a writ of habeas corpus: The petition was not, as the court found, subject to dismissal on the ground that the availability of a direct appeal or the R.C. 2953.21 postconviction remedies provided the petitioner with an adequate legal remedy;...

• Ohio Supreme Court

• Lawrence v. Florida, 549 U. S. (2007)

...Petitioner Lawrence filed a state postconviction relief application 364 days after his conviction b... could exhaust state postconviction remedies without filing a certiorari petition. Yet state pr...

• U.S. Supreme Court

• Walker v. Martin, 562 U.S.3 (2011)

... limitation on applications for postconviction (habeas corpus) relief. Thequestion presented: ...'sreturn to state court to exhaust his remedies there.3 In March 2002, Martin filed his second hab...

• U.S. Supreme Court