Post-conviction relief. Find your path to hope with Hemleben Law Firm

Post-Conviction Relief

What is  Post-Conviction Relief?

 In Mississippi, Post-Conviction Relief (PCR) also termed Post-Conviction Collateral Relief is a special legal process that allows a person convicted of a felony to challenge their conviction or sentence outside the normal appeal process. Under the Mississippi Uniform Post-Conviction Collateral Relief Act (Miss. Code Ann. § 99-39-1 et seq.), any person “sentenced by a court of record” – whether in prison, on probation, or otherwise under supervision – may file a motion in circuit court to vacate, set aside, or correct the judgment.

 

PCR is designed to address issues that could not be raised on direct appeal, such as newly discovered evidence or constitutional errors that were not previously litigated. It complements the regular appeals process by providing a “collateral” remedy when new facts emerge or fundamental legal errors come to light.

Common Grounds for Relief

A PCR petition must be based on specific legal grounds. Mississippi’s law lists many possible bases, and common claims include:

  • Constitutional Violations: Errors amounting to a violation of federal or state constitutional rights – for example, ineffective assistance of trial counsel, unlawful searches or seizures, coerced confessions, or denial of due process. Because the Act allows collateral attack on any constitutional or statutory violation, claims like ineffective counsel (a Sixth Amendment claim) and other constitutional errors are typical PCR grounds.

  • Newly Discovered Evidence: Evidence not presented at trial that could change the verdict. This can include newly discovered documents, witness statements, or forensic evidence (such as DNA) that was not available or tested at the time of trial. Mississippi law specifically recognizes post-conviction relief where “there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction … in the interest of justice.”

  • Unconstitutional Statute or Excessive Sentence: If the law under which the person was convicted is later found unconstitutional, or if the sentence imposed exceeded the maximum authorized by law, these are valid bases for relief. For example, a sentence beyond the statutory limit or one that was calculated incorrectly can be challenged.

  • Jurisdictional Errors: Situations where the trial court lacked jurisdiction to impose the sentence (for example, sentencing without proper authority) can render a conviction invalid.

  • Involuntary Plea or Other Fundamental Error: If a guilty plea was not entered knowingly and voluntarily (e.g., due to a misunderstanding or misrepresentation), or if there were other fundamental procedural errors at trial, a PCR motion may be filed.

  • Out-of-Time Appeal: If the defendant was wrongly denied the opportunity for a direct appeal (for instance, if notice of appeal was not filed through no fault of the defendant), the petitioner can seek post-conviction relief to allow an out-of-time appeal.

  • Other Collateral Errors: The Act even provides a catch-all for “any grounds of alleged error heretofore available under any … writ, motion, petition” etc.. In practice, this means almost any legal error not previously corrected may be raised.

Why Choose Hemleben Law?

Hemleben Law Firm has extensive experience in post-conviction relief and criminal appeals throughout Mississippi. Joe Hemleben, is a former prosecutor and appellate attorney who has handled PCR and appeals cases in Mississippi’s highest courts. As a Special Assistant Attorney General in the Criminal Litigation Division, Joe represented the State of Mississippi in felony appeals and post-conviction proceedings before the Mississippi Supreme Court And Mississippi Court of Appeals. He also served on the appellate team at the Hinds County District Attorney’s Office. This background gives our firm a unique perspective: we understand the strengths and weaknesses of prosecution and defense positions.

 

Our firm knows the technical requirements of Mississippi’s PCR Act and have a track record of preparing effective petitions and appeals.  We combine aggressive advocacy with a thorough understanding of Mississippi procedure. Joe will carefully evaluate your case for all viable PCR grounds, meet all filing requirements, and zealously present your claims in court. Clients benefit from our knowledge of appellate strategy and our commitment to protecting constitutional rights.

Don’t Delay Call Today

If you believe you have grounds for post-conviction relief, don’t delay. Mississippi’s deadlines and procedural rules are strict, and acting quickly is essential. Contact Hemleben Law today. We serve clients statewide.  Our firm can review your case, explain your legal options, and help file a comprehensive PCR petition.

 

Call (601) 913-0378 or email Joe@hemlebenlaw.com to schedule a confidential consultation. You may also reach us through the contact form on our website. Hemleben Law is ready to protect your rights and pursue the PCR petition in Mississippi that you deserve.

 

Hemleben Law – Experienced Mississippi Criminal Appeals and Post-Conviction Relief Attorneys.