Spring 2023
Other than through direct appeals, individuals can use a variety of legal mechanisms to overturn and vacate a criminal conviction. This course provides a practical and theoretical framework on these processes. Co-taught by experts in criminal law and "crimmigration" (the intersection of criminal law and immigration law), this course will delve into post-conviction remedies at the state and federal level. Through substantive lectures, practitioner perspectives, and practical exercises, students will learn about the history and policies behind different post-conviction relief (PCR) schemes and when pursuing PCR is appropriate for individual clients. The course will delve into various procedural and substantive rules governing PCR and the "nuts and bolts" of representing clients in PCR proceedings, including drafting petitions and negotiating with the prosecuting authority. Finally, the course will use criminal cases of individuals facing deportation or removal as template examples of the importance of PCR in the criminal justice system.
