Post-Conviction Relief Attorney
In North Dakota, a person who has been convicted and sentenced for a crime, may file a post-conviction petition to attack his conviction on various grounds. This is not a legal "do-over" of the first trial. Instead, the petition requires very specific grounds for the petition. This includes, but are not limited to: the conviction violated the United States Constitution, a significant change of the law has occurred and the interests of justice require relief, or new evidence has arisen in the case.
See N.D.C.C. § 29-32.1-01 for the specific grounds. The most common ground in post-conviction relief petitions is the petitioner's Sixth Amendment right to counsel was violated due to the previous attorney's ineffective assistance of counsel.
As a general rule, you have two years from the final judgment to file the petition for post-conviction relief.
IF YOU BELIEVE YOU OR A LOVED ONE HAD GROUNDS FOR POST-CONVICTION RELIEF, CALL MR. EDINGER IMMEDIATELY. TIME IS OF THE ESSENSE.
Mr. Edinger has handled several post-conviction relief cases in his 27 year legal career. Every case is different and unique. However, here are two examples of successful post-conviction relief cases that Mr. Edinger has handled.
A.M. v. State (Cass County)
Petitioner was wrongly convicted of two counts of gross sexual imposition. At the post-conviction relief hearing, Mr. Edinger successfully argued that Petitioner's Sixth Amendment right to be present during jury selection and his Sixth Amendment right to effective assistance of counsel were violated. Judge Bailey held that Petitioner's Sixth Amendment rights were violated on both legal grounds! Judge Bailey granted the petition for post-conviction relief. Edinger Wins Post-Conviction Relief Case
R.V. v. State (Cass County, ND)
Petitioner was wrongly convicted of gross sexual imposition. At the post-conviction hearing, Mr. Edinger got the alleged victim to recant his story. The alleged victim testified that he fabricated the story, gave false information to the police, and committed perjury at the jury trial. Mr. Edinger successfully argued that post-conviction relief should be granted. Both Assistant State's Attorney Mark Boening and Judge Steven Marquart agreed. The petition for post-conviction relief was granted. Subsequently, the State dismissed the charge.
J.C. v. State (Cass County, ND)
Petition was wrongly convicted of gross sexual imposition. At the post-conviction hearing, Mr. Edinger got the alleged victim to recant his story. The alleged victim testified he committed perjury at the jury trial. Judge Steven Marquart granted the petition for post-conviction relief. Subsequently, the State dismissed the charge.
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