Post-conviction clinic

ASU Law Clinic

Post-conviction Clinic

Experiential learning for practical skills in post-conviction law

The Post-Conviction Clinic investigates claims of wrongful conviction and manifest injustice from prisoners convicted of crimes in Arizona. Post-conviction work is a specialized practice area that delves into both fundamental and nuanced aspects of criminal law and criminal procedure – one that is becoming increasingly vital as over 400 prisoners nationwide have been exonerated either in full or in part by DNA testing, and over 1,500 people have been exonerated by other means. Arizona is home to more than 40,000 prisoners and more than 5,000 on community supervision. Arizona incarcerates more people per capita than any other state in the west and ranks sixth in the country. The clinic works in conjunction with the Arizona Justice Project.

 

Students in the clinic will learn about the criminal justice process by taking on cases that have already been litigated through conviction and direct appeal. The post-conviction clinic will give students hands-on experience with representing clients seeking relief from their convictions or sentences by means of petitions for post-conviction relief, petitions for habeas corpus, motions for forensic testing, parole and commutation of sentence.

Students who participate in the Post-conviction clinic will:

  • Participate in the post-conviction investigation and litigation of criminal cases.
  • Produce written work focused on reviewing and analyzing the history of the conviction and the potential reasons for any wrongful conviction, including the role DNA or other newly discovered evidence could play in exonerating the inmate.
  • Interview witnesses and clients, locate biological evidence and evaluate whether a given case should be submitted for DNA testing.
  • Draft requests for post-conviction DNA testing, petitions for post-conviction relief and petitions for clemency and parole.
  • May represent clients in court or before the Arizona Board of Executive Clemency.

Students are expected to spend a minimum of 180 hours in the Clinic during the one semester.

  • Fall or Spring Semester – 20 hours per week

Included in those hours is a mandatory seminar class of a minimum of five hours per week.

The Post-Conviction Clinic is a one semester course.

  • Credits: six credits (four client component pass/fail and two graded seminar)
  • Pre- or Co-Requisite(s): Evidence, Civil Procedure, Criminal Law and Professional Responsibility

Clinic application deadlines

Students may apply via Atlas during the application period listed below.

 

**IMPORTANT!** - Externships and Clinics – Students who have applied for an externship or clinic and been accepted may decline upon offer without consequence. However, once a student has accepted an externship or clinic, any student who drops the externship or clinic without prior approval by the Associate Dean of Academic Affairs will be subject to the 12-month ban.

 

Clinic leadership

 

Randal McDonald

Randal McDonald

Supervising Legal Clinic Attorney

Joey Dormady

Joey Dormady

Clinical Attorney

 

The Post Conviction Clinic does not accept outside referrals or direct inquiries for services. If you believe you have a valid post conviction claim, please contact the Arizona Justice Project at 602-496-0286 or [email protected] for referral to our clinic or another clinic that can assist you.

 

Hear from our students

 

Peter Talkington

 

Peter Talkington

Post-conviction clinic student

“As a member of the ASU Post-Conviction Clinic, I recently had the opportunity to argue in front of the Board of Executive Clemency. Our client was a victim of domestic violence who had been defending herself against a violent partner but was sentenced to nearly a decade in prison. We were able to convince the Board to commute her sentence, and she will be released at the end of the month! Being a part of, and being present at, such a life-changing moment was truly an incredible and unique experience, and I’ll never forget the tears of joy our client shed when she learned she was being released.”

 

Andrew Fox

 

Andrew Fox

Post-conviction clinic student

"The Post-Conviction Clinic is a perfect storm. Students aid clients in navigating the treacherous post-conviction process. Students acquire practical skills in writing briefs, conducting client and witness interviews and giving oral presentations. Students get to work with clinical-professors whose passion for their cases is contagious and fun to be around. The confluence of these aspects of the clinic make for an incredible experience."