FROM THE LIBRARY:

How long do I have to file a post-conviction motion?

Understanding the time limits for post-conviction relief is crucial, as they can prevent even strong cases from being heard.

  • Federal Cases (28 U.S.C. § 2255 Motions): Generally, a one-year deadline applies, starting from the date the judgment becomes final. Limited exceptions exist for newly recognized rights or diligently discovered facts.
  • North Carolina Cases (Motions for Appropriate Relief – MAR): The timing is more complex. Some grounds have specific filing windows, while others may be brought later but could face procedural obstacles (e.g., if the issue could have been raised earlier). Successive petitions also have restrictions.

To accurately determine your deadlines, consult with counsel. They will calculate the exact dates based on your judgment, mandate, and any prior filings, which is essential before taking any action that could affect the clock.

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