Post-Conviction “Rule 35(c)”

What Are the Grounds for a Rule 35(c) or Petition for Postconviction Relief, & How Is It Different From an Appeal?

The purpose of an appeal generally is to address known issues that occurred during trial. To do this, appellate courts review the court file and trial transcripts, aka “the record.” 35(c)’s, on the other hand, generally address issues that are not already part of the record, oftentimes because your attorney failed to object or raise the issue or because it was not known to defense counsel at the time.

Ineffective Assistance of Counsel can take many forms, but common examples include:

1. Failure to Properly Investigate
2. Failure to Present a Valid Defense or File Motions
3. Failure to Properly Object
4. Failure to Properly Advise the Client

Your former trial attorney may be found ineffective if the lawyer’s performance did not meet the objective standards of reasonableness and, for your lawyer’s unprofessional error, the outcome of your case would have been different.

Other issues that can lead to a conviction being overturned include:
The discovery of new evidence in your case
Prosecutorial misconduct in failing to disclose exculpatory evidence
Changes in the scientific understanding of the evidence used to prosecute you