What Is Post Conviction Relief?

Newly Discovered Evidence

When new facts come to light – facts that were not known and could not have been discovered at the time of trial – they may form the basis for post conviction relief. Examples include:

• DNA evidence proving innocence
• Recanted testimony by a key witness
• Previously hidden documents or reports from police or prosecutors
• New expert testimony discrediting outdated forensic methods

Under Texas law, newly discovered or newly available evidence must be material enough to likely change the outcome if a new trial were granted.

Once hired, our team investigates old files, interviews witnesses, and collaborates with forensic and investigative experts to uncover this kind of life-changing proof.

Due Process Violations

The U.S. and Texas Constitutions guarantee every defendant due process of law – the right to a fair, impartial, and lawful proceeding. When that right is violated, a conviction may be invalid. Common examples include:

• Brady Violations – Withheld evidence: Prosecutors failed to disclose favorable evidence to you defense attorney.
• Judicial misconduct or bias: A judge had conflicts of interest or improper communications (as seen in cases Blizzard & Zimmerman have fought).
• Improper jury influence: Jurors exposed to outside information or prejudiced behavior during trial.
• Prosecutorial misconduct: Misleading arguments, false testimony, or manipulation of evidence.
• Violation of right to counsel: Inadequate defense or lack of legal representation at a critical stage.

Due process violations cut to the heart of the justice system – and when they occur, Texas law allows post conviction courts to reverse convictions, grant new trials, or reduce sentences.

Ineffective Assistance of Counsel

Every defendant has the constitutional right to competent legal representation. If a trial lawyer or appellate attorney failed to:

• Investigate witnesses or evidence,
• Object to improper procedures,
• File key motions, or
• Communicate plea offers,
• may constitute ineffective assistance of counsel – one of the strongest grounds (and one of the most successful grounds we’ve found) for post-conviction relief.

Our attorneys review the entire record to expose such failures and demonstrate how better representation could have changed the outcome.

Prosecutorial Misconduct

When prosecutors cross ethical or legal boundaries, innocent people pay the price. Misconduct can include:

• Hiding exculpatory evidence
• Presenting false or misleading testimony
• Improperly coaching witnesses
• Making prejudicial arguments before the jury

In recent Texas history, Blizzard & Zimmerman’s investigations helped expose one of the most egregious judicial misconduct scandals in Midland County, Texas which resulted in freedom for a man imprisoned for 19 years.