COLLATERAL ATTACK UPON CONVICTION

Question 1

AVAILABILITY OF COLLATERAL ATTACK

Answer 1

• After appeal is no longer available/has proven unsuccessful, Ds may generally still attack their convictions collaterally

Question 2

HABEAS CORPUS PROCEEDING

Answer 2

• Indigent has no right to appointed counsel at a habeas corpus proceeding.
• Petitioner has burden of proof by preponderance of evidence to show unlawful detention.
• State may appeal writ of habeas corpus.
• D generally must be in custody to bring a habeas petition
• Generally, this is anyone who has not fully served the sentence they are complaining about