Criminal Defense of Immigrants


§ 11.64 ii. Time Limits Within Which Actions for State Post-Conviction Relief Must be Filed

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Different forms of relief have different timing considerations.  State law must be consulted for information concerning deadlines or statutes of limitations governing the filing of state actions for post-conviction relief.  Fortunately, there is an excellent collection of basic information concerning state post-conviction relief in the 50 states.[329]  In California, for example, generally speaking there are no absolute statutes of limitation for filing any post-conviction vehicles, but the more promptly the request is made, the greater the chances of success, once the requirements for the particular vehicle have been met.


The analysis of all 50 states and the District of Columbia is beyond the scope of this volume.  For other resources, see § 11.85, infra.

[329] Donald E. Wilkes, Jr., State Postconviction Remedies and Relief Handbook (2007).