19-4901. REMEDY — TO WHOM AVAILABLE — CONDITIONS. (a) Any person who has been convicted of, or sentenced for, a crime and who claims: (1) That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state; (2) That the court was without […]
19-4902. COMMENCEMENT OF PROCEEDINGS — VERIFICATION — FILING — SERVICE — DNA TESTING. (a) A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction took place. An application may be filed at any time within one (1) year from the expiration of […]
19-4903. APPLICATION — CONTENTS. The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall […]
19-4904. INABILITY TO PAY COSTS. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made available to the applicant in the preparation of the application, in the trial court, and on […]
19-4905. COSTS OF STATE. All costs and expenses necessarily incurred by the state in the proceedings shall be paid by the county in which the application is filed. History: [19-4905, added 1967, ch. 25, sec. 5, p. 42.]
19-4906. PLEADINGS AND JUDGMENT ON PLEADINGS. (a) Within 30 days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw […]
19-4907. HEARING — EVIDENCE — ORDER — PRESENCE OF APPLICANT. (a) The application shall be heard in, and before any judge of, the court in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pre-trial, discovery and appellate procedures are […]
19-4908. WAIVER OF OR FAILURE TO ASSERT CLAIMS. All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in […]
19-4909. REVIEW. A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within forty-two (42) days from the entry of the judgment. On appeal the state shall be represented by the attorney general. History: [19-4909, added 1967, […]
19-4910. UNIFORMITY OF INTERPRETATION. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: [19-4910, added 1967, ch. 25, sec. 10, p. 42.]
19-4911. SHORT TITLE. This act may be cited as the Uniform Post-Conviction Procedure Act. History: [19-4911, added 1967, ch. 25, sec. 11, p. 42.]
