New Publication on Motions for Appropriate Relief

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Jessie Smith has just published a new Administration of Justice Bulletin, entitled Motions for Appropriate Relief. It’s available as a free download here. The focus is on procedural issues rather than the substantive law governing the various claims that can be asserted in an MAR, but as to questions of procedure, it is comprehensive, careful, and authoritative. It addresses topics such as what claims are cognizable in an MAR, the time limits for filing an MAR, which judge or judges can hear an MAR in various circumstances, discovery in MAR proceedings, the right to counsel, and so on. It’s great stuff, and I highly recommend it.

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One comment on “New Publication on Motions for Appropriate Relief

  1. So, my question is, defendant goes to court and waives counsel and proceeds pro se and pleads guilty, or is tried and found guilty. Later he gets into more trouble, and is jeopardy of losing his license, or has a CDL and has an issue. Then he retains counsel and comes back to court with a MAR to dismiss original conviction and 100% of the time that I have seen, it happens.

    My question is, would this be a proper use of a MAR? This is the only situation that I have seen a MAR used.

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