post-conviction remedies

Federal. A federal prisoner, attacking the constitutionality of his sentence, may move the court which imposed the sentence to vacate, set aside or correct the same. This motion, under 28 U.S.C.A. No. 2255, must normally be made before the prisoner can seek habeas corpus relief.

State.

Almost every state has one or more post-conviction procedures that permit prisoners to challenge at least some constitutional violations. A substantial group of states have adopted special post-conviction statutes or court rules, roughly similar to section 2255 of 28 U.S.C.A., that encompass all constitutional claims. Case v. Neb., 381 U.S. 336, 338, 85 S.Ct. 1486, 14 L.Ed.2d 422.

Others, following the federal habeas corpus statute, have held that at least some constitutional violations are jurisdictional defects cognizable under a common law or statutory writ of habeas corpus. Ex Parte Story, 88 Okl.Cr. 358, 203 P.2d 474.

The writ of coram nobis is also viewed in several states as an appropriate remedy for presenting certain types of constitutional claims. People v. Cooper, 307 N.Y. 253, 120 N.E.2d 813.

In addition, several states have adopted the Uniform Post Conviction Procedure Act.

See also habeas corpus