Post-Conviction Relief for Immigrants



 
 

§ 3.1 I. Investigating the Case

 
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The post-conviction investigation should begin as soon as possible for a number of reasons.  Necessary documentation may be lost through delay since courts, attorneys, and court reporters sometimes destroy or lose old files.  A deadline for filing a post-conviction petition may pass prior to the completion of the investigation.  Memories fade.  The court may hold the claim was not pursued with due diligence, and dismiss the petition.  Time is of the essence; the investigation must be pursued promptly, even if reasons exist for holding off on the filing of the petition itself.

 

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