What is the procedure for filing a motion for post-conviction relief?

The procedure for filing a motion for post-conviction relief in California is generally the same for all criminal appeals. First, the defendant must submit a motion to the court that issued the conviction. The motion must include a statement of the legal issues involved, a brief explaining why the conviction should be reversed, and the evidence necessary to support the motion. The motion is then sent to the district attorney for review. They are allowed to respond with their own legal arguments. After the district attorney responds, the court will hear the arguments from both sides and decide whether to grant the motion. If the motion is granted, the defendant must present their case again in a new trial. At this trial, the defendant may bring in new evidence or witnesses to support their appeal. The district attorney will also present their evidence, and the court will decide if the conviction should be reversed or not. If the conviction is reversed, the defendant will be released from custody. However, if the motion is denied, the defendant can still appeal the decision. This appeal is sent to the state’s appellate courts, which will review the case before making a final decision.

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What is the procedure for filing a motion for post-conviction relief?

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