Tooby's California Post-Conviction Relief for Immigrants
§ 3.23 C. The Timing of the Case
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The timing of the post-conviction case is a complex factor. On one hand, it is important that enough time has passed since the offense was committed for the client to demonstrate considerable rehabilitation, i.e., that s/he has turned his or her life around.
On the other hand, it is important not to miss filing deadlines for post-conviction relief and not to allow so much time to elapse that the government can obtain an order denying post-conviction relief for lack of due diligence.
It is critical to determine whether a deadline has passed restricting filing of the appropriate petition for post-conviction relief, and to make sure the appropriate petition is filed on time.
