Individuals who have been convicted of a crime may, after their direct appeal is over, file a petition for post-conviction relief. A petition for post-conviction relief urges a district court to overturn a conviction because of ineffective assistance of counsel, newly discovered evidence, or the conviction or sentence violated state or federal law, among other things. Petitions must be filed within one year after the conclusion of an individual’s direct appeal.
The attorneys at Bautista Campbell can file petitions for post-conviction relief and work with investigators to find the evidence necessary to support those petitions. They also appeal denials of post-conviction relief to the appellate courts.
Post Conviction Relief
The Act sets forth the manner and extent to which a person may challenge the legality of a criminal conviction and sentence after the conviction and sentence have been affirmed in a direct appeal under Article I, Section 12 of the Utah Constitution, or the time to file such an appeal has expired.
An appeal is a review of a lower court’s decision by a higher court. In Utah, the higher courts are the Utah Court of Appeals and the Utah Supreme Court. Each appeal is decided by a panel of judges in a written decision.
The attorneys at The Appellate Group have litigated over 100 appeals. As experienced appellate litigators, we review the record for each case. The record includes the documents and transcripts filed in the district court. After reviewing the record, we identify the issues that we can raise on appeal, counsel with clients and other attorneys, and draft the appellate briefs. We also argue our cases before the relevant appellate court.