Post-Conviction Relief in Nevada Murder/Homicide Cases
Being convicted of homicide does not mean the legal fight is over. In many cases, individuals can seek post-conviction relief, challenging either the conviction itself or the severity of the sentence. Josh Tomsheck, a nationally board-certified criminal defense attorney, has a proven track record of successfully pursuing post-conviction remedies for his clients. His team includes experts in appellate law, habeas corpus petitions, and post-conviction motions, offering clients another chance to seek justice.
Types of Post-Conviction Relief
There are several forms of post-conviction relief available to those convicted of homicide. Each of these options can offer a way to challenge wrongful convictions or excessive sentences:
1. Habeas Corpus Petitions
A habeas corpus petition allows a convicted individual to challenge the legality of their detention. This is often based on constitutional violations, such as ineffective assistance of counsel or prosecutorial misconduct. In Nevada, habeas petitions are governed by NRS 34.724, which outlines the procedure for filing and the grounds on which they can be based.
2. Motions for a New Trial
NRS 176.515 allows a defendant to file a motion for a new trial under certain conditions, such as the discovery of new evidence, misconduct by the jury, or procedural errors that occurred during the trial. Josh Tomsheck and his team often uncover new evidence or procedural issues that can serve as the basis for a motion, particularly in complex homicide cases.
3. Appeals
Though not technically a post-conviction remedy, appeals are another critical tool in seeking relief after a conviction. On appeal, the court reviews errors that may have occurred during the trial, such as the misapplication of laws, improper jury instructions, or the wrongful admission of evidence. Josh Tomsheck has successfully argued numerous appeals in both state and federal courts, securing reversals or retrials for his clients.
4. Sentence Reduction
In cases where the conviction stands but the sentence may be considered excessive or disproportionate, Mr. Tomsheck can file for a sentence reduction under NRS 176.033. This motion allows the defense to argue for a more appropriate sentence based on mitigating factors or changes in the law.
How Josh Tomsheck Approaches Post-Conviction Relief
Josh Tomsheck takes a detailed, evidence-based approach to post-conviction relief. He and his team meticulously review trial records, court transcripts, and procedural history to identify any legal errors or constitutional violations that occurred during the initial trial. This includes working with forensic experts, investigators, and other professionals to uncover new evidence that may not have been available during the original trial.
Mr. Tomsheck's team includes a retired federal habeas attorney who has argued over 150 cases before the 9th Circuit Court of Appeals, ensuring that all available avenues of relief are explored. They also collaborate with a former district court judge, whose insights into trial proceedings can be invaluable in identifying procedural missteps that may warrant post-conviction relief.
Case Example: Habeas Corpus Petition
In one case, Josh Tomsheck successfully filed a habeas corpus petition for a client convicted of two counts of First-degree murder. The original trial had been tainted by ineffective assistance of counsel, prosecutorial misconduct and Brady violations. Mr. Tomsheck and his team uncovered these violation and filed a petition based on numerous grounds asserting, among other things, the client's Sixth Amendment right to effective counsel. The court granted the petition, resulting in the client's conviction being overturned, the client being released from custody and a new trial ordered.
Nevada's Post-Conviction Relief Statutes
The state of Nevada provides several statutory remedies for individuals seeking post-conviction relief, including:
NRS 34.724: Governs the filing of habeas corpus petitions, outlining the procedures and legal requirements.
NRS 176.515: Covers motions for a new trial, based on newly discovered evidence or other legal grounds.
NRS 176.033: Allows for the possibility of a sentence reduction under specific conditions, particularly when mitigating factors are present.
Why Choose Hofland & Tomsheck for Post-Conviction Relief?
With extensive experience in homicide defense and post-conviction relief, Josh Tomsheck is uniquely qualified to handle the complex legal issues that arise after a conviction. His team's in-depth knowledge of both state and federal appellate law, combined with their access to top experts, ensures that every possible avenue for relief is pursued.
When you hire Mr. Tomsheck, you get not only his personal decades of experience in Nevada Criminal Law, both as a former Chief Deputy Homicide Prosecutor, but also as a Nationally Board Certified Criminal Trial Attorney, but you also get access to his experienced and accomplished staff of employees. On the Hofland & Tomsheck staff we have decades of experience in dealing with post-conviction cases, with a former judge and a former federal Habeas attorney who has overturned countless convictions during appellate and post conviction proceedings. This experience and dedication is unmatched in Las Vegas.
Mr. Tomsheck is committed to overturning wrongful convictions, reducing excessive sentences, and securing justice for his clients. Whether through a habeas corpus petition, motion for a new trial, or appeal, Josh Tomsheck and his team provide relentless post-conviction advocacy.
Contact Hofland & Tomsheck for a No-Cost Consultation
If you or a loved one has been convicted of homicide and you believe that errors or constitutional violations occurred during the trial, contact Josh Tomsheck and his team at Hofland & Tomsheck for a no-cost consultation. Mr. Tomsheck will review your case, explain your options for post-conviction relief, and work tirelessly to secure justice. Call (702) 895-6760 today to get started.
