Post Conviction Relief
If you or a loved one has been convicted in violation of the United States or the Tennessee Constitutions, we at Whitt, Cooper & Hedrick may be able to help you.
Courts are authorized to vacate or set aside convictions or sentences if there is a Constitutional violation. One may have had incompetent trial counsel or may have suffered from prosecutorial misconduct.
A Tennessee conviction can be set aside through the Post Conviction Act. If one has already had a Post Conviction Petition, it can be reopened under some circumstances. Alternatively, if there is new evidence of innocence, a petition for a Writ of Error Coram Nobis can be filed.
If state remedies have been exhausted, a federal court may set aside a conviction through a motion to vacate under 28 United States Code section 2254.
A federal conviction or sentence in violation of the Constitution or federal law may be set aside under 28 United States Code section 2255.
It’s never too late to fight for your rights.