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March 01, 2008

How long will state post-conviction proceedings last?

Many factors determine the length of state post-conviction proceedings, including the jurisdiction, judge, and issues in a case.

On average, state post-conviction proceedings last between 4 - 7 years. This appeal is the best and sometimes only opportunity to create a record of the errors that may have occurred at your client's trial.

Federal habeas proceedings follow the completion of state post-conviction proceedings. Under the current law, additional or "successive" petitions for relief are strictly limited to extraordinary circumstances.