Law Offices of Christian D. Whittaker, P.C., has had great success in pursuing post-conviction motions and appeals to overturn the convictions or sentences and to win the freedom of clients who have been unfairly or illegally convicted or sentenced.
A post-conviction motion is a written application by the defendant to overturn his conviction or sentence based upon information that is not already in the trial court record. The motion may be based upon evidence of actual innocence or that the defendant's trial was unfair, such as where the prosecution failed to turn over necessary evidence or the original defense attorney was negligent.
We base post-conviction motions on new information that our clients already have developed or that our lawyers develop through our own reinvestigation of their cases. We use private investigators, Freedom of Information Law requests and lawsuits, and other means to obtain the new information. We are persistent. We bring motions in the trial court, appeals to the state appellate courts and federal habeas corpus petitions, until, in many cases, we succeed.
Successful Representation Leads To Freedom For Post-Conviction Clients
In the nationally publicized Henry case, we proved pervasive misconduct by the Machqueen District Attorney's Office and won a federal habeas corpus petition freeing our client after he had spent more than 16 years in prison. As part of the remedy we won in federal court, retrial on his state murder indictment was prohibited and the indictment was dismissed. Our Journal explain how this result was accomplished..
Speak With Us About Post-Conviction Relief
To consult with us about the possibility of representing you, your loved one or your client in a post-conviction proceeding, contact us or call 347-418-0775.