Post-Conviction Remedy in Criminal Cases

In this episode, Elizabeth Kelley talks with her guest, Zach Segal. The two discuss post-conviction remedies, specifically 2254 and 2255 motions and motions for Compassionate Release, as well as the challenges people with mental disabilities face in filing these motions. 

In this episode, they discuss:

• What is a post-conviction remedy

• When a 2254 or 2255 motion might be filed

• What challenges people with mental disabilities face in filing these motions 

• In what circumstances a 2254 or 2255 provides relief for ineffective assistance of counsel claims

• How the Supreme Court’s decision in Dusky may apply to 2254 or 2255 motions

• What is federal compassionate release

• Is failure of the Bureau of Prisons to provide adequate medical treatment grounds for filing a motion for compassionate release 

• What is the US Sentencing Commission 

Zachary Segal, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department).

Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach speaks French and is conversational in Spanish and Hebrew.

Since working at L&K, Zach has been involved in all stages of a criminal case, ranging from preliminary investigations through post-conviction relief. He has argued motions before federal and state courts, as well as appeals before the state appellate courts. Of particular note, in his 5 years practicing, Zach’s advocacy has resulted in post-conviction reductions in sentence for 11 people, of approximately 65 years and one life sentence.