After the direct appeal is decided, those convicted in Florida’s state courts have two years to file a Motion for Post-Conviction Relief. This is commonly known as habeas corpus relief, or, in Florida, as a Rule 3.850 motion, after the Florida Rule of Criminal Procedure which authorizes it. Although the arguments in a post-conviction motion can be varied, the most common focus is on ineffective assistance of trial defense counsel. All people tried in America are entitled to a certain baseline level of competence from their attorney, and if they did not receive it this motion is how they obtain relief. The specific legal issues that can be raised are varied.  We read the transcripts of the trial carefully with an eye towards what could and should have been done differently to assist our client.  Post-conviction motions are initially filed in the trial court, and the trial court’s rulings can be appealed to the District Courts of Appeal. If there is evidence to be presented, an evidentiary hearing (a mini-trial before a judge) is required in order to admit this evidence.  Daniel Tibbitt has litigated post-conviction motions extensively, and has a proven track record of success in this area.