In our last entry, we discussed the most frequently raised
issue seen in post-conviction cases pending in Missouri, Kansas and in federal
courts across the country (i.e., "29.15" motions in Missouri,
"1507" motions in Kansas, and "2255" or "2254"
motions in federal court). The issue is
"ineffective assistance of counsel," as most prominently recognized
in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674
(1984), the United States Supreme Court case around which so much of
post-conviction litigation revolves.
But what happens if the judge denies a post-conviction
claim? What happens next? At the state level in Missouri and Kansas,
another round of appeals - much like the "direct appeal" after trial
- is permitted. But at the federal
level, there is no right to appeal the denial of a "2255" or a
"2254" motion. Instead, the
litigant must ask both the judge and then the federal appellate court for a
"certificate of appealability," which grants permission to appeal
(and then, only the specific claims listed in the "certificate").
This is not as easy as it sounds. In our next installment, I will offer some
statistics which show how difficult our federal courts have made it, to obtain
a "certificate of appealability," or "COA."
In the meantime, if you have a friend or family member
fighting the battle for post-conviction relief, and feel you need assistance,
please call this office immediately.
There are always time deadlines limiting when these claims can be
raised. If you wish to learn more about
the process, call now.
Jonathan Laurans wants you to be educated as to what you may
be facing. If you or a loved one has
been convicted of a crime in Missouri, Kansas or Texas, or in any federal
court, contact him immediately. Visit
his website at www.kansascitymoattorney.com and then call him at (816) 421-5200
for a FREE initial legal consultation.
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