Post Conviction Relief in Utah – Habeas Corpus

It’s a sad reality that, even with all of our system’s safeguards, sometimes innocent people get convicted. It’s also true that, even in cases of clear guilt, members of the justice system can abuse their position or simply make mistakes. In both cases, the law of the land is clear: if your rights were violated, then you get to go free. That’s called post-conviction relief, but it’s only available under very specific circumstances and for a very short period of time. You’re also in charge of proving that your rights were violated in a clear and obvious fashion.

What Does Post-Conviction Relief Mean?

Post-conviction relief is the dismissal of a conviction after the conviction has already been ordered. The dismissal of a conviction is typically accomplished under the Utah Post-Conviction Remedies Act, which only offers a limited timeframe for appeals. Post-conviction relief is a broad term that is usually associated with appeals of all criminal convictions which include but not limited to modification of jail sentence, new trial, and even release.

As may be expected, the State of Utah doesn’t want just any conviction to be challenged, so the grounds for the petition are very specific.

The law allows the court to modify the sentence or initiate a retrial if:

• Your constitutional rights were violated
• The conviction happened in the wrong jurisdiction
• You received an inappropriate or illegal sentence as part of the conviction
• The evidence produced at the trial was contaminated or otherwise problematic
• You made a plea agreement which was then changed without your consent or was improperly executed
• New material of evidence has been discovered which requires the district court to reconsider the sentence or conviction for some reasons.

Post-Conviction Appeals

If you were convicted of a crime, you have 30 days to file your appeal. If you do not file an appeal during that time, you will no longer qualify. Once you have filed your appeal, you have 1 year to assemble all of the evidence you need to apply for post-conviction relief.

Typically, this process requires a writ of Habeas Corpus. In Latin, Habeas Corpus literally means “produce the body.” In legal usage, it demands that the State provide you with the evidence that it is using to detain you and if the State cannot provide that evidence, that it releases you.

Like with post-conviction relief, you will have shoulder the burden of proof when it comes to proving that you are being imprisoned unjustly. This is usually the last chance for a defendant to fight their guilty conviction and the more time that passes, the lower the chance of success.

What Are the Possible Outcomes of Post-Conviction Relief?

There are two probable outcomes of post-conviction relief act;

1.  The judge will either deny or grant your application.
2. If the judge allows your application, he/she may grant any of the following forms of relief as stipulated under the post-conviction act:
   • A new trial
   • Release from imprisonment
   • Modification of your original sentence
   • Any other form of just and reasonable relief

However, the state or applicant may also appeal the outcome of a post-conviction ruling. The specific guidelines dictating how this process can be carried out are spelled out in the Utah Constitution.