Criminal.law · Guides
Post-Conviction Relief: What It Is and How It Differs From an Appeal
A plain-language explanation of post-conviction relief, how it differs from a direct appeal, and how Florida's postconviction DNA testing and capital records rules work.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished · Updated General legal information, not legal advice · Editorial standards
Key takeaways
- Arizona law treats an appeal and a postconviction proceeding as separate kinds of proceedings, and it names them separately. [5]
- Florida's postconviction DNA testing motion is tied to the point when the judgment and sentence in the case become final. [8]
- In Florida, a postconviction DNA motion is decided by the assigned judge, and an appeal goes to an appellate court only after a final order. [7][8]
- Florida's capital postconviction records rule begins its process after the state supreme court affirms a death sentence. [1]
- "Post-conviction bail" in Maine and Arizona law concerns release after conviction, which is a different subject from post-conviction relief. [2]
| Point of comparison | Appeal | Postconviction proceeding |
|---|---|---|
| Kind of proceeding (Arizona) | Named in Arizona law as a pending appeal | Named separately in the same law as a postconviction proceeding [5] |
| Who decides (Florida DNA rule) | An appellate court, reviewing the final order on the motion | The assigned judge, who reviews the motion and the prosecution's response [7][8] |
| Timing (Florida DNA rule) | Comes after the trial-level court enters a final order on the motion | Tied to when the judgment and sentence become final [8] |
| Order of stages (Florida capital cases) | The state supreme court's decision affirming the death sentence comes first | Postconviction records work then begins in the trial court [1] |
| What the court looks at (Florida DNA rule) | The final order disposing of the motion | A sworn motion describing physical evidence, plus the court's own findings about that evidence [6][7] |
What is post-conviction relief?
Post-conviction relief refers to court proceedings that take place after a conviction and sentence, separate from a direct appeal. The rules differ by jurisdiction. Arizona law, for example, treats an appeal and a postconviction proceeding as two different things. Florida's rules allow a person to ask for DNA testing after the judgment and sentence become final, with the aim of showing innocence or supporting a lesser sentence. [5][8][6]
What does post-conviction relief mean?
Post-conviction relief means court proceedings that take place after a person has been convicted and sentenced, and that are separate from a direct appeal. Arizona law shows the distinction clearly. It refers to "any pending appeal or postconviction proceeding" as two different kinds of cases. [5]
Florida's rules give concrete examples. One Florida rule sets out procedures for postconviction DNA testing. Another refers to postconviction proceedings held under other specific Florida rules of criminal procedure, which are cited but not reproduced on this page. [6][9]
The purpose of these proceedings shows in what they ask for. Under Florida's DNA rule, the person filing must explain how the testing would show they are innocent of the crime, or how it would lessen the sentence they received. [6]
Which jurisdictions does this page describe?
Criminal procedure is mostly set by each state, and federal court has its own rules. This page explains the topic through examples from Florida, Arizona, and Maine, and it does not survey every state or describe federal post-conviction procedure. When a rule is described here, it is named by its jurisdiction, and other places may handle the same issue differently. [6][5]
How is post-conviction relief different from an appeal?
In the examples here, the main differences are which court decides and when. Under Florida's DNA rule, the motion goes first to the assigned judge. An appeal to an appellate court comes only after that judge enters a final order on the motion. [7][8]
Timing marks the difference too. Florida's DNA motion is tied to the point when the judgment and sentence in the case become final. That is a later stage than the trial and sentencing that a direct appeal reviews. [8]
Florida's capital cases show the order of stages. That rule's postconviction records process begins after the Supreme Court of Florida affirms a death sentence. The work then returns to the trial court, which the rule defines as the judge who entered the judgment and imposed the sentence, or a judge assigned by the chief judge. [1][10]
A postconviction proceeding can also bring up material outside the original trial. Florida's DNA motion must describe physical evidence that may contain DNA and where it is or was last known to be. The court then makes its own findings about that evidence. [6][7]
How does a postconviction DNA testing motion work in Florida?
Florida's rule requires a written motion made under oath, meaning sworn to be true. It must state the facts relied on and describe the physical evidence to be tested, including how that evidence was originally obtained. [6]
The court reviews the motion first. Under the rule, the court denies a motion that is facially insufficient, meaning it is missing what the rule requires on its face. If the motion is sufficient, the prosecuting authority is ordered to respond. [7]
After the response comes in, the court either rules on the merits or sets a hearing. The rule lists findings the court must make. One of them is whether there is a reasonable probability that the person would have been acquitted, or would have received a lesser sentence, if the DNA evidence had been admitted at trial. [7]
How does Florida handle public records in death-penalty postconviction cases?
Florida has a separate rule that governs public records for capital postconviction defendants, meaning people sentenced to death. The rule says it does not change the time periods set by Florida's capital postconviction rule, which is cited in the source but not reproduced here. [9]
Under that rule, the trial court can order additional records only if they are relevant to the postconviction proceeding or appear reasonably calculated to lead to admissible evidence. The court can also compel or deny disclosure of records and review records privately, which is called an in-camera inspection. [11]
Is "post-conviction bail" the same as post-conviction relief?
No. Some laws use "post-conviction" to describe release on bail after a conviction, which is a different subject. In Maine, after conviction, a defendant may ask the trial judge for bail while waiting for sentencing, for the sentence to be carried out, for judgment, or for an appeal. [2]
Arizona's law on bail after conviction is much narrower for felonies that carry a prison sentence. Its statute allows an exception only when a court finds that continued confinement would endanger the person's life because of their physical condition. [3]
Can a court appoint a lawyer for a Florida postconviction DNA motion?
Florida's rule allows it in some situations. If the motion has to go to a hearing, the court may appoint counsel to help the person who filed it. That depends on two things under the rule: the court deciding that a lawyer's help is necessary, and a finding that the person is indigent, meaning unable to afford a lawyer. [7]
Who pays for court-ordered DNA testing in Florida?
Under Florida's rule, the court may charge the cost of testing to the person who asked for it, unless that person is indigent. When the person is indigent, the rule says the state must bear the cost of testing the court orders. The results go in writing to the court, the person who filed the motion, and the prosecuting authority. [4][8]
What happens to a pending postconviction case in Arizona if the convicted person dies?
Arizona law directs the court to dismiss any pending appeal or postconviction proceeding when the convicted person dies. The same statute says the death does not erase the conviction, the prison sentence, or any restitution, fine, or assessment the sentencing court imposed. [5]
Can every order in a Florida postconviction DNA case be appealed right away?
No. Florida's rule allows an appeal only from the final order that disposes of the motion. Orders entered along the way that are not final are supposed to include a statement that the defendant has no right to appeal them until the final order is entered. [8]
Who is "collateral counsel" in a Florida capital postconviction case?
Florida's capital records rule uses "collateral counsel" for the lawyers handling postconviction litigation for someone sentenced to death. The rule's definition covers a capital collateral regional counsel, a private lawyer appointed to the case, and a private lawyer who has been hired or who has agreed to work without charge, called pro bono. [10]