Post-conviction remedies Essay Example | Topics and Well Written Essays - 500 words

Post-conviction remedies - Essay Example common post conviction appeals include: appeal to State appellate Court which contends that trial judge made some legal error, State Supreme Court appeal that requests that highest court in the state review and overturn the decision of the mid-level appeals court, U.S. Supreme Court appeal that makes a request to the highest court in the nation to intervene and correct an error on the part of the state courts that violated the U.S. Constitution, appeal of Federal Habeas Corpus Petition to Circuit Court which requests the mid-level federal court to review the federal trial courts decision denying the writ and lastly, appeal of Federal Habeas Corpus Petition to U.S. Supreme Court which requests the premier court in the land to examine the mid-level federal courts verdict denying the writ. On the other hand, Post conviction remedies include a variety of liberation sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sentence was base d upon some defiance of the U.S. Constitution. Among the most common post-conviction remedies available are the writ of Habeas Corpus and the writ of Coram Nobis. However, Writ of Habeas Corpus is the mostly used. It involves issuing of a court order that orders a person or a government official who has prevented another to produce the prisoner at a designated time and place so that the court can determine the authenticity of charge and decide whether to demand the prisoners discharge. Development of writ of habeas corpus can be traced back in 1215 whereby the habeas corpus concept was first expressed in the Magna Charta at Runnymede on June 15, 1215. Among the liberties affirmed in the Magna Charta was that "No free man shall be detained, or jailed, or diseased, or forbidden, or exiled, or wounded in any way (Neubauer, 2004). The writ of habeas corpus was initially used by the common-law courts in thirteenth and fourteenth century in England. From the late fifteenth to the