Post-Conviction and Federal Habeas
A felony conviction in Columbus, Ohio is not always set in stone. An unfair trial, unjust conviction, or arbitrary sentence can be appealed. There are many circumstances that justify an appeal. For that reason, it is critical you hire a lawyer who knows what to look for when reviewing your trial transcripts and trial attorney’s file.
Challenging a Conviction
There are 4 ways you can challenge a state court conviction in Ohio.
Motion for New Trial
The first way is through a Motion for New Trial. A Motion for New Trial is filed with the trial judge originally assigned to the case. If a motion for new trial is overruled, then you can be appeal to the appropriate district court of appeals, and even to the Supreme Court of Ohio.
The second way to challenge a state court conviction in Ohio is by direct appeal to the appropriate District Court of Appeals. In Columbus, you must file a direct appeal with the Tenth District Court of Appeals. If the Tenth District Court of Appeals overrules your appeal, then you can seek to further appeal your conviction to the Ohio Supreme Court, and from there even to the United States Supreme Court.
Post Conviction Petition
The third way to challenge a state court conviction in Ohio is by filing a state post-conviction petition. This is the method through which you can attack the constitutionality of a conviction based on evidence not contained in your trial transcript or court record. In Ohio, post-conviction petitions are often filed to assert claims based on ineffective assistance of counsel or the failure of the prosecution to provide adequate access to evidence that would have supported your defense at trial.
Federal Habeas Petition
The final way you can challenge a state court conviction in Ohio is by filing a federal habeas petition in federal district court. For convictions arising out of Franklin County (Columbus), Ohio, these are filed in The United States District Court for the Southern District of Ohio, Eastern Division.
There are important time deadlines for pursuing any one of these four avenues to attack a state court conviction in Ohio. For that reason, it is critical to obtain an experienced criminal appeals attorney to analyze your case and timely assert pursue all avenues available to overturn your conviction or gain a new trial.
Schedule a Meeting with an Experienced Attorney
Attorneys from our law firm have an impressive record challenging state court convictions. We may be able to help you too. Call 614.454.5010 now to speak with a Columbus criminal attorney experienced in criminal appeals, state post-conviction, and federal habeas remedies.