Legal Definitions - PCR action

A PCR action stands for Post-Conviction Relief action. It is a legal proceeding initiated by a person who has already been convicted of a crime and has typically exhausted their direct appeals (such as appealing to a higher court). This action is a way for a convicted individual to challenge the legality or fairness of their conviction or sentence based on issues that could not have been raised during the original trial or direct appeals.

Common grounds for a PCR action include:

• Claims of ineffective assistance of legal counsel during the trial.
• Discovery of new evidence that was not available at the time of trial and could change the outcome.
• Allegations that the conviction or sentence violates constitutional rights.
• Claims that the court lacked jurisdiction or that the sentence imposed was illegal.

A PCR action is not a retrial of the original case, but rather a separate civil proceeding that focuses on whether the prior criminal process was fundamentally fair and lawful.

Examples:

• Example 1: Ineffective Assistance of Counsel

  Imagine a person, Mr. Davies, was convicted of a serious felony. After his conviction and unsuccessful direct appeals, he discovers that his defense attorney at trial failed to interview several key witnesses who could have provided a strong alibi, despite Mr. Davies repeatedly asking the attorney to do so. This failure was not apparent during the trial or direct appeal process.

  How it illustrates the term: Mr. Davies could file a PCR action, arguing that his Sixth Amendment right to effective legal counsel was violated because his attorney's performance fell below professional standards and prejudiced his defense. He would seek to have his conviction overturned or a new trial granted based on this claim.

• Example 2: Newly Discovered Evidence

  Consider Ms. Chen, who was convicted of arson based largely on circumstantial evidence. Years after her conviction, new forensic technology emerges that can definitively analyze residue from the fire scene. An independent expert uses this new technology and concludes that the fire was caused by a faulty electrical system, not by an accelerant, directly contradicting the prosecution's theory at trial. This technology and its findings were not available when Ms. Chen was tried.

  How it illustrates the term: Ms. Chen could file a PCR action based on this newly discovered scientific evidence. She would argue that this evidence, if presented at her original trial, would likely have led to a different outcome, thus undermining the reliability of her conviction.

• Example 3: Unconstitutional Law or Sentence

  Suppose Mr. Evans was convicted and sentenced under a state law that, several years later, is declared unconstitutional by the state's highest court, and the ruling is made retroactive. This means the law under which he was convicted is no longer valid.

  How it illustrates the term: Mr. Evans could initiate a PCR action to challenge his conviction and sentence. He would argue that his incarceration is unlawful because the very law he was found guilty of violating has been deemed unconstitutional, making his conviction legally void.