How to file a pcr

Post Conviction Relief, or PCR, is usually the last avenue available to a person to challenge their conviction in state court. Persons seeking PCR often file the petition themselves, and then are appointed counsel to represent them. PCR cases are appointed to lawyers on the civil appointment list, who may or may not be familiar with criminal law. The most common claim inPCR is ineffective assistance of counsel. To prove ineffective assistance, the PCR attorney must show 1) that the trial attorney failed to render reasonable effective assistance under prevailing norms, and 2) that prejudice resulted from the trial lawyer's ineffective performance. Examples may include the trial attorney failing to object to inadmissible evidence, improper jury instructions, or outrageous arguments by the prosecution. When the trial attorney fails to object to trial court error, the appellate courts will not review the error and the only remedy is PCR. PCR can also be based on the trial attorney's failure to investigate the case or call essential witnesses. PCR claims can also be based on lack of subject matter jurisdiction, an illegal or expired sentence, or after-discovered evidence. A PCR claim can be made based on prosecutorial misconduct, such as when the prosecutor or law enforcement withholds evidence that would have helped to prove your innocence. There is a statute of limitations of one year from the date of conviction or from entry of the appellate decision, so it is important to contact a PCR lawyer without delay if you feel that you may have a PCR claim following your conviction.

Not Post complaint relief. I am referring to Private complaint Report.