§ 13-4253 – Out of court testimony; televised; recorded
13-4253. Out of court testimony; televised; recorded A. The court, on motion of the prosecution, may order that the testimony of the minor be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the […]
§ 13-4254 – Pro se defendant; prohibited questioning of minor victim
13-4254. Pro se defendant; prohibited questioning of minor victim Notwithstanding section 13-4253 and on motion of the prosecution, the court may order that a pro se defendant in any case that includes charges against the child under chapters 14 and 35.1 of this title and section 13-3206, 13-3212 or 13-3623 is prohibited from directly questioning […]
§ 13-4231 – Scope of post-conviction relief
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
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
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
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
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
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
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 […]
§ 13-4141 – Execution of warrant; return and hearing
13-4141. Execution of warrant; return and hearing A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant. B. The person alleged to have such party under illegal confinement or restraint […]