Nevada Motion For Post-Conviction Relief

State:
Multi-State
Control #:
US-00841
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for Post-Conviction Relief. This is used when the Defendant was charged and pled guilty to two different crimes, but admits to only one of the listed crimes; however, in confessing to one, he was sentenced for the other as well. He/ She now wants to overturn the prior conviction. This form may be tailored to your specific needs and is applicable in all states.
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FAQ

Appeals in General The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made. An appeal doesn't allow you to re-do your trial. You won't be able to submit new evidence. The appeals judge will only look at what you submitted to the trial judge.

If your trial was for a felony or a gross misdemeanor, then you may appeal to the Nevada Supreme Court ? the highest court in the state. If the Nevada Supreme Court finds against you, you can petition the Supreme Court of the United States ? the highest court in the country.

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

For felony and gross misdemeanors, there is a process to file an appeal in Nevada. A defendant that wishes to appeal their conviction must first file a notice of appeal with the judicial district court clerk within 30 days of the trial entry of judgment.

You must file your Notice of Appeal at the clerk's office where the trial was heard. For felony cases, you must file a Notice of Appeal within 60 days of judgment or order. You must file your Notice of Appeal at the clerk's office at the courthouse where the trial was heard.

Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel.

The Post Conviction Relief Act1 (?PCRA? or ?the Act?) establishes a procedure. for defendants to collaterally challenge their conviction or sentence. It is the sole. means2 of obtaining state relief following conviction and sentencing.

THE TERM POSTCONVICTION REMEDIES DENOTES THOSE PROCEDURAL DEVICES AVAILABLE TO A PERSON, WHO, AFTER CONVICTION AND SENTENCE, WANTS TO VACATE OR REDUCE THE SENTENCE IMPOSED, INVALIDATE HIS GUILTY PLEAS, OR SET ASIDE HIS CONVICTION.

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Nevada Motion For Post-Conviction Relief