_- CrimP 12 - Coll' Attack Flashcards

1
Q

Collateral attack on conviction

A

.

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2
Q

AVAILABILITY OF COLLATERAL ATTACK

A

After appeal is no longer available or has proven unsuccessful, defendants may generally still attack their convictions collaterally.

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3
Q

Habeas Corpus proceeding

A

No right to appointed counsel

Petitioner has burden of proof to show unlawful deterntion by preponderence of evidence.

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4
Q

HABEAS CORPUS PROCEEDING - long

A

An indigent has no right to appointed counsel at a habeas corpus proceeding. Petitioner has the burden of proof by preponderance of evidence to show an unlawful detention. The state may appeal the grant of a writ of habeas corpus. A defendant generally may bring
a habeas petition only if the defendant is in custody. Generally, this includes anyone who has not fully served the sentence about which they wish to complain.

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