13-4231. Scope of post-conviction relief Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief on any of the following grounds: 1. The conviction or the sentence was in violation of the […]
13-4232. Preclusion of post-conviction relief; exceptions; proof A. A defendant is precluded from relief under this article based on any ground: 1. Still raisable on direct appeal or on a post-trial motion. 2. Finally adjudicated on the merits on appeal or in any previous collateral proceeding. 3. That was waived at trial, on appeal or […]
13-4233. Nature of proceeding and relation to other remedies A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all trial court post-trial remedies except post-trial motions and habeas corpus. If a defendant applies for a writ of habeas corpus in a […]
13-4234. Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay A. A proceeding is commenced by timely filing a notice of postconviction relief with the clerk of the court in which the conviction occurred. The clerk of the trial court shall provide notice forms for commencement of first and successive […]
13-4234.01. Post-conviction relief proceedings; request for extension; victim notification A. In any post-conviction relief proceeding in a capital case in which an extension of the time to file a brief is requested, the victim, after filing a notice of appearance, has a right to respond to the request for extension within ten days after the […]
13-4235. Contents of petition The defendant shall include every ground known to the defendant for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed and shall verify under oath that the petition contains all such grounds. Facts within the defendant’s personal knowledge shall be noted separately from other allegations of fact and shall […]
13-4236. Additional pleadings; summary disposition; amendments A. Forty-five days after the filing of the petition, the state shall file with the court a response. Affidavits, the record and other evidence that are available to the state and that contradict the allegations of the petition shall be attached to the response. On a showing of good […]
13-4237. Informal conference The court at any time may hold an informal conference to expedite the proceeding, at which the defendant need not be present if he is represented by counsel who is present.
13-4238. Evidentiary hearing A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days’ notice to […]
13-4239. Review A. Any party aggrieved by a final decision of the trial court in these proceedings may, within fifteen days after the ruling of the court, move the court for a rehearing setting forth in detail the grounds for believing that the court erred. A response shall be filed within fifteen days after service […]
13-4240. Postconviction deoxyribonucleic acid testing A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request the forensic deoxyribonucleic acid testing of any evidence that is in the possession or control of the court or the state, that is related […]
13-4241. Postconviction request for advanced forensic testing A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request that any evidence that is in the possession or control of the court or the state and that is related to the […]