The words, in plain English.

Glossary

Court words, A to Z.

Courts use Latin and technical terms that most people have never heard. You do not need to use these words in her petition. Plain words are fine. You only need to understand them when you read them.

Actual innocence

She did not commit the crime, or no crime happened. Some states have a separate petition for new evidence of innocence. Virginia and Maryland call it a writ of actual innocence. In federal court, a strong showing of innocence can let a judge hear a petition that is otherwise too late.

Alford plea

A plea where she keeps saying she is innocent but accepts a conviction because the state's evidence could lead a jury to convict her. It counts as a conviction.

Appeal (direct appeal)

The first review by a higher court, right after the trial. It looks only at what happened in the courtroom. She has a right to a lawyer for it.

Appellate court

A court that reviews what a lower court did. It does not hear witnesses.

Brady violation

The prosecution hid evidence that could have helped her. Named for Brady v. Maryland, 373 U.S. 83 (1963). It is a common ground in a post-conviction petition.

Certificate of appealability

Permission she needs before she can appeal a federal court's denial of her habeas petition. She asks the federal judge or the appeals court for it.

Certificate of service

A short signed statement at the end of a court paper saying when and how a copy was sent to the other side, usually the prosecutor.

Claim, or ground

One reason she says her conviction is unconstitutional. A petition can have several. Each needs its own facts.

Clemency

Mercy from the governor, a pardon board or, for federal convictions, the president. It can shorten a sentence, called a commutation, or forgive the conviction, called a pardon. It is not a court case.

Clerk of court

The office that keeps a court's records. The clerk can give you case numbers, copies and the docket. The clerk cannot give legal advice.

Conviction integrity unit

An office inside some prosecutors' offices that re-examines old convictions. No court filing is needed, but it chooses which cases to take.

Docket

The list of everything filed in a case, with dates. The clerk can print it for you.

Evidentiary hearing

A court hearing where witnesses testify and evidence is presented about her petition.

Exhaustion

Using up the state courts first. A federal court usually will not hear a claim until the state courts have had a chance to decide it.

Final (conviction becomes final)

The day her direct appeal is completely over, including the 90 days she has to ask the U.S. Supreme Court to hear it. If she never appealed, it is the day her time to appeal ran out. The federal one-year clock starts here.

Habeas corpus

Latin for "you have the body." A petition asking a court to decide whether she is being held in violation of the Constitution. Federal habeas for state prisoners is under 28 U.S.C. § 2254.

In forma pauperis

Latin for "as a poor person." A request to file without paying the court fee.

Ineffective assistance of counsel

Her lawyer's work fell below a reasonable standard, and it likely changed the outcome. The test comes from Strickland v. Washington, 466 U.S. 668 (1984). It is one of the most common grounds in post-conviction petitions.

Motion

A written request asking a judge to do something, such as reduce a sentence or appoint a lawyer.

No contest (nolo contendere)

A plea where she does not admit guilt but does not fight the charge. It counts as a conviction.

Notary

A person authorized to watch someone sign a document under oath and stamp it. Some states require a notarized petition. Prisons usually have a way to get documents notarized.

Notice of appeal

A short paper that starts an appeal. It says she is appealing and names the decision. It must be filed within days or weeks of the ruling. In most courts she can file it herself if her lawyer does not.

Petition

A written request to a court asking it to act. The post-conviction petition and the habeas petition are the main ones.

Petitioner and respondent

She is the petitioner. The respondent is usually the warden or the state, the side holding her in custody.

Post-conviction petition

A request to the state court that convicted her to reopen the case for reasons outside the trial record, such as a lawyer who failed her or hidden evidence. States call it different names: a Rule 3.850 motion in Florida, a 440 motion in New York, a PCRA petition in Pennsylvania, and state habeas corpus in California and Texas.

Prejudice (with or without)

Dismissed without prejudice: the court did not decide the claim, and she may be able to file again. With prejudice: the claim is over in that court.

Pro se

Representing herself without a lawyer. Courts must read pro se papers less strictly than a lawyer's papers, but deadlines still apply.

Procedural default

A claim the court will not hear because it was not raised at the right time or in the right way in state court. There are narrow exceptions, including strong new evidence of innocence.

Protective petition

A federal habeas petition filed early, before the state courts finish, so the federal deadline does not run out. She asks the federal judge to put the case on hold, called a stay, until the state courts rule.

Remand

An appeals court sends the case back to the lower court to do something again.

Sentence modification

A request to the judge who sentenced her to reduce the sentence. The deadline is usually months after sentencing.

Sentence review

A request that a panel of judges review the length of her sentence. In some states the panel can increase it.

Statute of limitations

A deadline to file. The federal habeas deadline is one year from the day her conviction became final.

Successive petition

A second petition about the same conviction. A second federal habeas petition needs permission from a federal appeals court first.

Tolling

Pausing a deadline. A properly filed state post-conviction petition pauses the federal one-year clock while it is pending.

Transcript

The word-for-word written record of what was said in court.

Vacate

To cancel a conviction or sentence. After a conviction is vacated, the state may retry her, offer a plea or drop the charges.

These definitions are general explanations of U.S. court terms, not legal advice. Each state uses its own names for some of these steps. See how the process works →