If there is any new evidence, there is a basis for post conviction relief - pursuant to Rule 35(c):
Please see here and here
I would urge you to have an attorney review your case to see if there is anything that justifies this procedure.
If an attorney failed to honor the professional rules of conduct, there are sanctions that can be imposed:
a complaint can be filed here
The rules of professional conduct are here
I would urge you read all of the rules, to see which are applicable to your situation. But in particular see:
Rule 1.1, 1.3 and 1.4
Furthermore, if an attorney fails to perform as indicated, that can give rise to a breach of contract action; if they do perform but it is negligent, that can give rise to a legal malpractice action.
An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)
For breach of a contract, the plaintiff is compensated by the defendant paying for the damages.
Legal malpractice is based on a negligence cause of action. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).
Damages include actual damages suffered, plus can include pain and suffering, and punitive damages designed to punish the defendant and serve as an example to others.
When pursuing litigation against an attorney, sometimes it is necessary to hire an attorney out of the immediate area (ie adjacent county) because if the attorney has been practicing for a long time, many will be reluctant to be involved.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.