The time you have to challenge a conviction using any of the available methods is very limited. In general, direct appeals are supposed to be filed within thirty days. State post-conviction petitions are generally due within a year of the conviction date or the date the direct appeal is decided. Federal habeas petitions are generally due a year after that. As a matter of best practices, it is preferred to act within these deadlines. However, the list of exceptions to these rules could fill their own webpage. There are countless federal cases that deal with extending the date a federal habeas petition is due and litigation in that area is ongoing (and likely will be for decades to come). If you are considering litigation in this area, you need an attorney who understands these concepts in full – because the State can and will assert that your claims are untimely if any opportunity to do so exists.
Category: Conviction Solutions