Vacate Misdemeanor Following Completion of Sentence – 2021 Update (10.2021)

This practice advisory discusses teh process and impact of vacating misdemeanor convictions following completion of sentence. This advisory does not apply to vacating convictions pursuant to State v. Blake.

Vacate Felony Following Completion of Sentence 2021 Update (10.2021)

This advisory discusses the process and impact of vacating a felony conviction following completion of sentence. It does not govern vacating a felony pursuant to State v. Blake.

DOC Authority to Correct an Unlawful Sentence (9.2021)

This advisory discusses the obligation DOC has to seek to correct an unlawful sentence in the trial court or Court of Appeals.

Felony Resentencing Pathways (10.2021)

Case Summary: In re PRP Domingo Cornelio and In re PRP Ali (9.2021)

This advisory summarized the two decisions In re Domingo Cornelio (2020) and In re Ali (2020) holding State v. Houston-Sconiers is retroactive.

Blake Flow Chart (7.2021)

This Advisory discusses the issues and questions defense counsel must review/consider when handling a post-conviction relief case based on State v. Blake.

Double Jeopardy Protections and Blake Vacation Cases (6.2021)

Thanks to David Trieweiler for this research memorandum discussing the double jeopardy issues in Blake motions to vacate and/or motion to resentence.

Getting Back into Court to Reduce Prison Time and Offender Score (6.2021)

Remote Resentencing Hearings (6.2021)

DOC Virtua/Telephonic Hearing Form