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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118122
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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what are rules for Dessureault hearing? When lawyer fails to

Resolved Question:

what are rules for Dessureault hearing? When lawyer fails to request a Dessureault hearing, defendant is found guilty,appeal is lost, pcr is lost, what next. ? ineffective counsel.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
If you lost the post conviction and appeal you may have one more shot if you have not already raised the issue of ineffective assistance of counsel, but you are going to need to have evidence in your PCR that had the counsel taken certain actions then you had a likelihood that there would have been a different outcome. After losing an appeal and PCR already that proof is going to be very difficult to produce, but that is your sole remaining option other than a final appeal to the State Supreme Court.

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Customer: replied 5 years ago.

Are you saying that we can request a review of the PCR determination? If so is there a specific form to be used?

Expert:  Law Educator, Esq. replied 5 years ago.
You can file an appeal on the PCR to the court of appeals if you can cite errors of law made by the court in the PCR ruling. It would be like appealing any other final judgment.
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