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Old 09-19-2016, 08:10 AM
sz1226 sz1226 is offline
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Default Post Conviction Writ of Habeas Corpus

Hello everyone! Has anyone filed or have any information or experience regarding a post conviction writ of habeas corpus? What the success rate is and how long to get an answer whether it was granted or not? Any help will be appreciated. Thanks in advance!!!
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Old 09-19-2016, 09:20 AM
yourself yourself is offline
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I am not a Nevada lawyer.

In my experience, you can wait around 2 years to hear anything. The rate of success is dismal, even worse when written by an inmate (and it has to be written by the inmate in question, filing pro bono/pro per. You can help, but you cannot write it for the inmate).

The only two serious grounds for HC relief are generally Ineffective Assistance of Counsel (IAC) and New Evidence (NE). NE grounds can be quite fruitful if you have something like DNA as those grounds and DNA actually applies to your case. Most exonerations come from DNA evidence that was not available at the time of trial usually because the DNA techniques were not in existence yet.

IAC is very, very difficult. You have the right to a zealous defense, not a perfect defense. All trials have errors in them and the general standard for determining if the error is relevant for appeal is whether that particular error would have changed the case. Further, if the attorney did or didn't do something for strategic purposes, the error stands as something you're not going to win on because it was a strategic error. So, a person with a law license, no matter how freshly minted or what they normally practice in is competent to handle your criminal matter no matter how complicated. You kinda need an attorney who shows up intoxicated. Hell, even an attorney who slept through parts of a trial was found to have rendered effective assistance in Texas. So, you can see, not easy to get an IAC.

But, since we're talking IAC, representing yourself waives your ability to claim IAC on that appeal and negates the ability of a lawyer to later argue IAC on the pro se appeal. You, if you file pro se, are waiving the right to claim you did not render yourself effective counsel, and all the issues you raised in your appeal will not be re-litigated after a claim of IAC because, say, you only have a 6th grade education and didn't know how to argue something or put an appeal together, or the filing requirements for the appeal, or the local rules, or whatever. Make sense?

But, HC is generally expensive, works best with new evidence, and rarely gains any traction with the courts.
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Old 12-18-2016, 11:21 AM
vegas702 vegas702 is offline
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Exclamation habeas corpus

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Originally Posted by sz1226 View Post
Hello everyone! Has anyone filed or have any information or experience regarding a post conviction writ of habeas corpus? What the success rate is and how long to get an answer whether it was granted or not? Any help will be appreciated. Thanks in advance!!!
My Husband filed three requests along with his fellow inmate due to the ab510 law to take time off in certain ways tgat doc was not entering time correctly making inmates stay way longer. My husband was sentenced 12-48 months hes been in since Aug 2014 and finally got approved parole 2/2/17 this is his third time up. each other time was no action due to credits not being applied they didnt jnow what to due with aconsecutive case . They took is time served and threw it out which was 9 months in county never given ... point blank the habeas corpus all got denied and stated set in error each request made. never setting new dates for any of the inmates. good luck NV does not know how to do MATH. And This is a money hungry state.
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