This class explores both state and federal postconviction mechanisms for challenging both unlawful detention and convictions and sentences after one has been convicted and completed their direct appeal. Some refer to postconviction as the “red-headed step-child” of the criminal justice system, mostly because it is cumbersome, it seems like it never ends, and practitioners, even the ones who practice it regularly, may not even fully understand it. But state and federal postconviction offers the last avenue of relief for those whose convictions or sentences were obtained in an unconstitutional or unjust manner. Thus, there is a constant struggle between the interests of federalism, bringing closure to criminal cases and guaranteeing fundamental fairness of criminal proceedings. This struggle will be a consistent theme as we examine the reasoning behind why postconviction procedures are what they are and think about how they could be improved.

Course Format and Requirements:
The course will be taught in both classroom and clinical settings. The material will be presented in lectures and discussion; students will also participate in the development of cases brought by Florida inmates seeking postconviction relief, based on DNA testing which the inmates claim will tend to exonerate them. The clinical component of the course will be conducted in collaboration with the Innocence Project, which has established a Florida program in Tallahassee. Students will also take a final exam. Materials will be prepared by the professor.