Post-Conviction Relief (PCR) is the last possible appeal in New Jersey Courts for anyone convicted of a crime in New Jersey. Pursuant to NJ Ct. R. 3:22, PCR is a broad, catch all form of appeal. Any grounds not argued on direct appeal are available on PCR. Frequently, Defendants argue that their trial and appellate counsel were not effective. Some reasons for trial counsel's ineffectiveness include: 1.) Failure to investigate 2.) Failure to call witnesses 3.) Failure to raise proper objections at trial and 4.) Failure to properly present mitigating factors at sentencing.
PCR is a difficult process. It involves two and sometimes three different briefs. It often involves an evidentiary hearing where experts, alibi witnesses, other potential suspects and DNA experts are sometimes required to testify. Another problem is the need to present all PCR issues in the context of Federal habeas corpus issues. This takes extra importance in the context of death penalty cases or cases where the Defendant is facing an especially long-term of incarceration. If a Defendant fails to raise an issue in the context of Federal habeas corpus, he is forbidden to raise the issue later if his appeals continue.
If successful, PCR motions result in either new trials, or sometimes,
complete vindication of a Defendant.
PCR is a difficult process. It involves two and sometimes three different briefs. It often involves an evidentiary hearing where experts, alibi witnesses, other potential suspects and DNA experts are sometimes required to testify. Another problem is the need to present all PCR issues in the context of Federal habeas corpus issues. This takes extra importance in the context of death penalty cases or cases where the Defendant is facing an especially long-term of incarceration. If a Defendant fails to raise an issue in the context of Federal habeas corpus, he is forbidden to raise the issue later if his appeals continue.
If successful, PCR motions result in either new trials, or sometimes,
complete vindication of a Defendant.
The Law Offices of Chris Hoffner 210 Haddon Avenue | Westmont, New Jersey 08018 tel: (856) 833-9600 | email: Chris@hoffnerfirm.com |
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