NCJ Number
48431
Date Published
1978
Length
34 pages
Annotation
IN CHAPTER 22 OF THE AMERICAN BAR ASSOCIATION STANDARDS RELATING TO ADMINISTRATION OF CRIMINAL JUSTICE, PROCEDURAL STANDARDS RELEVANT TO ISSUES ARISING FROM POSTCONVICTION REVIEW AND REMEDIES ARE SET FORTH.
Abstract
IN THIS REVISION OF THE ORIGINAL STANDARDS PUBLISHED IN 1967, GENERAL PRINCIPLES OF POSTCONVICTION REMEDY, THE SCOPE OF POSTCONVICTION PROCEDURE, PREPARATION, FILING, AND SERVICE OF APPLICATIONS FOR RELIEF, APPLICATION PROCESSING, APPELLATE REVIEW, AND THE FINALITY OF JUDGMENTS ARE ADDRESSED. EACH STANDARD PROPOSED INCLUDES INFORMATION ON THE HISTORY OF THE STANDARD, RELATED STANDARDS, AND A COMMENTARY ON ISSUES INVOLVED AND THE RATIONALE BEHIND THE STANDARD. IT IS RECOMMENDED THAT THERE BE A SINGLE COMPREHENSIVE POSTCONVICTION REMEDY, AND THAT PROCEEDINGS BE APPROPRIATE TO THE CHARACTER OF THE REMEDY. ISSUES RELATING TO APPROPRIATE RESPONDENTS AND THEIR REPRESENTATIVES AND TO THE JURISDICTION AND VENUE OF PROCEEDINGS ARE ALSO COVERED. GROUNDS FOR APPEAL, POSTPONEMENT, CUSTODY REQUIREMENTS, AND STATUTE OF LIMITATIONS IN PROCEEDINGS ARE DISCUSSED. RECOMMENDED STANDARDS FOR APPLICATION PROCEDURES DEAL WITH RESOURCES AVAILABLE TO APPLICANTS, STANDARDIZATION OF APPLICATION FORMS, VERIFICATION REQUIEMENTS AND SUPPORTING AFFADAVITS, AND POTENTIAL LIABILITY FOR COSTS. STANDARDS OF JUDICIAL RESPONSIBILITY FOR DISPOSITIONS, PRELIMINARY JUDICIAL CONSIDERATIONS, APPOINTMENT OF COUNSEL, RESPONSIVE PLEADING, DISCOVERY, PLENARY EVIDENTIARY HEARING, AND DISPOSITIVE ORDERS ARE ALSO PROPOSED. APPELLATE COURT JURISDICTION, INITIATION OF APPEALS, AND PROCESSING OF APPEALS ARE REVIEWED. IN THE AREA OF FINALITY OF JUDGMENTS, IT IS SUGGESTED THAT ANY ISSUE THAT HAS BEEN FULLY AND FINALLY LITIGATED IN THE PROCEEDINGS LEADING TO THE JUDGMENT OF CONVICTION SHOULD NOT BE RELITIGATED IN POSTCONVICTION PROCEEDINGS. REPETITIVE APPLICATIONS AND RENEWAL OF PROSECUTION AGAINST A SUCCESSFUL POSTCONVICTION APPLICANT ALSO ARE DEALT WITH. FOOTNOTES ARE INCLUDED. (JAP)