A post-conviction proceeding is a proceeding provided for in state court that enables a defendant to challenge the constitutionality or legality of some aspect of the trial court proceeding. It is called a post-conviction proceeding because it occurs after the conviction and after the direct appeal process. In many states, it is a statutory, not a constitutional, right. There are generally time limits on when a defendant may file a state post-conviction proceeding.
- If an appellate court reverses a trial court, what happens next?
- What is the direct appeal?
- What is an appellate brief?
- What is the record?
- Is there a time limit on appeals?
- What are some commonly alleged errors in criminal trials?
- What further legal options are available to a person once convicted?
- What factors does a judge consider in determining sentencing?
- How does a judge determine whether sentencing is concurrent or consecutive?
- What is the difference between serving sentences concurrently or consecutively?
- What is time served?
- If a defendant is sentenced to three years, how much time will the defendant actually serve?
- What is a suspended sentence?
- Does it matter if a person has prior convictions?
- What happens after a person is convicted?
- If the jury convicts the defendant, what are the defendant’s options?
- Why are jury instructions important?
- Can the jury receive written copies of the judge’s instructions?
- What happens with the attorneys proposed jury instructions?
- Where do attorneys obtain proposed jury instructions?


