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6.500 Motion Definition

A 6.500 Motion is often referred to as a Motion for Relief from Judgment and is a form of post-judgment relief. This type of motion is for a defendant who has either exhausted all of their state appeals, missed filing deadlines, or cannot lawfully appeal in the federal court system.

6.500 Motions are ordinarily based on ineffective assistance of counsel, actual innocence, or newly discovered evidence. With limited exceptions, a defendant is limited to one 6.500 Motion.

Common Questions

What happens when all appeals are exhausted?

If all appeals are exhausted relative to a state felony conviction, the defendant’s only option to obtain relief from a judgment is through a 6.500 motion.

What happens when a defendant appeals?

Appeals are complex and require extensive litigation through complicated pleadings. Generally, a defendant either appeals by leave or right by filing pleadings originating an appeal with a higher court. Transcripts of the lower court proceedings are obtained. Briefs are filed arguing the issues on appeal in writing. The appellate court has the option of granting a request for oral arguments. After the conclusion of arguments and briefing, the appellate court will issue an opinion, generally in writing, at a later time.

Can a thrown out case be appealed?

The government has the option of appealing the dismissal of a criminal charge entered over its objection.

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