We are familiar with D.C. Code Ann.§ 23-110, which is the principle post-conviction remedy in the District of Columbia. We are also familiar with practice and procedure in the D.C. federal district court and the D.C. Circuit Court of Appeals.
Principal Post-Conviction Remedy (D.C.):
This is a Section 2255-type remedy, authorized by D.C. Code Ann.§ 23-110. It is applied for in the convicting court. The remedy is a post-sentencing phase of the original criminal case, not an independent civil action. The remedy is authorized by statute. There is a custody requirement applicable to the remedy. Newly discovered evidence of innocence is not a ground for relief under the remedy.
Statute of limitations:
There is no statute of limitations on applying for § 23-110 relief. However, the doctrine of laches applies in § 23-110 proceedings, and therefore delay in filing an application for relief may result in the denial of relief.
Secondary post-conviction remedies:
- Motion to recall mandate
- Habeas corpus under D.C. Code Ann. § 16-1901
- Habeas corpus under 28 U.S.C. § 2241 (once claims are exhausted in the D.C. courts)
- Motion to correct illegal sentence
- Motion to correct sentence imposed in an illegal manner
- Motion to reduce sentence
- Motion to correct clerical error
- Writ of error nobis
Federal Post-Conviction Remedies for D.C. Prisoners
Prisoners who have been convicted in a D.C. Superior Court must first exhaust their potential claims for relief as detailed above. Once this has been done, they may avail themselves of a remedy under 28 U.S.C. § 2241 as the remedies under 28 U.S.C. § 2254 are limited to state prisoners who have exhausted their claims (D.C. is not a state), and the remedies under 28 U.S.C. § 2255 are for prisoners convicted in a federal district court. Please review the above links for more details and feel free to contact NPCP for specialists in D.C. post-conviction practice and procedure.