Criminal Defense of Immigrants


§ 11.73 B. Grounds

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There are many state and federal grounds of legal invalidity that can be used to vacate a sentence.  Some selected grounds are given here.  A more extensive list, with far more extensive authorities, is given in N. Tooby, Post-Conviction Relief for Immigrants § § 7.65-7.119 (2004), that includes many federal constitutional grounds of legal invalidity of a sentence that can be used in any jurisdiction.  Additional grounds of legal invalidity can be based on state law.  See, e.g., N. Tooby, California Post-Conviction Relief for Immigrants § § 8.33-8.44 (2002).  For an excellent compilation of the law governing post-conviction relief more generally in each state, see Donald E. Wilkes, Jr., State Post-Conviction Remedies and Relief Handbook (2006 ed.), which summarizes the pertinent statutes and caselaw in each jurisdiction.