POST CONVICTION RELIEF

Mississippi has abolished Post Conviction Habeas Corpus in favor of Post Conviction Relief (PCR). A PCR is a civil action which alleges fundamental unfairness or error. PCR can confer jurisdiction to the court in order to obtain relief when appropriate. A PCR is a civil suit subject to statutes of limitation and complex jurisdictional issues. A PCR is heard by the sentencing judge unless the case is an appeal, in which case it is heard by the Mississippi Supreme Court. Federal Habeas Corpus is governed by Section 2255 of the Federal Criminal Code.