Innocent people do get convicted of crimes.  All people are entitled to a fair trial under the Constitutions of the United States and the State of Tennessee. In Post-Conviction work we try to free the innocent and to make sure that those wrongly convicted get the fair trial they deserve. Both the State and Federal Systems have statutes of limitations of one (1) year from the date of conviction which must be strictly observed.

In State Post-Conviction proceedings, the Defendant can allege that his conviction resulted from the denial from a State or Federal Constitutional Right. In Federal Post-Conviction proceedings, the Defendant can allege either that he was wrongly convicted in violation of his rights in State Court or was convicted in Federal Court through a violation of the Constitution or other Federal Right. 

The most common allegation in Post-Conviction Petitions is ineffective assistance of counsel. If ones counsel falls below the range demanded of criminal defense lawyers, his client may be entitled to a new trial.

If, on the other hand, the prosecutor, or judge commits such misconduct that the rights of the Defendant are violated, he may be awarded a new trial.

Scientific evidence becomes more and more avaliable and more and more sophisticated. DNA evidence has freed many people who are wrongly convicted.  The application of new scientific evidence to those who have already been convicted often might result in a new trial or the release of the wrongly convicted Defendant.

Investigations in these cases involve not only a normal investigation as for preparation of trial, but also an investigation in what occured or did not occur resulting in a constitutional violation. These cases are complex and usually result in numerous appeals by the losing side.  When a wrongly convicted person does become free, however, the system has finally been made to work.