Section 503 – Conviction Integrity Unit.
Effective 5/12/2020 78B-9-503. Conviction Integrity Unit. (1) A prosecution agency may establish a conviction integrity unit to investigate: (a) plausible allegations of factual innocence; (b) newly discovered material evidence; or (c) information discovered or received by the prosecution agency after trial, judgment of conviction, or sentencing that: (i) if disclosed to the convicted person prior […]
Section 402 – Petition for determination of factual innocence — Sufficient allegations — Notification of victim — Payment to surviving spouse.
Effective 5/4/2022 78B-9-402. Petition for determination of factual innocence — Sufficient allegations — Notification of victim — Payment to surviving spouse. (1) A person who has been convicted of a felony offense may petition the district court in the county in which the person was convicted for a hearing to establish that the person is […]
Section 403 – Requests for appointment of counsel — Appeals — Postconviction petitions.
78B-9-403. Requests for appointment of counsel — Appeals — Postconviction petitions. (1) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part. (2) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part. Enacted by […]
Section 404 – Hearing upon petition — Procedures — Court determination of factual innocence.
78B-9-404. Hearing upon petition — Procedures — Court determination of factual innocence. (1) (a) In any hearing conducted under this part, the Utah attorney general shall represent the state. (b) The burden is upon the petitioner to establish the petitioner’s factual innocence by clear and convincing evidence. (2) The court may consider: (a) evidence that […]
Section 405 – Judgment and assistance payment.
Effective 5/5/2021 78B-9-405. Judgment and assistance payment. (1) As used in this section: (a) “Felony” means a criminal offense classified as a felony under Title 76, Chapter 3, Punishments, or conduct that would constitute a felony if committed in Utah. (b) “Petitioner” means a United States citizen or an individual who was otherwise lawfully present […]
Section 110 – Appeal — Jurisdiction.
78B-9-110. Appeal — Jurisdiction. Any party may appeal from the trial court’s final judgment on a petition for post-conviction relief to the appellate court having jurisdiction pursuant to Section 78A-3-102 or 78A-4-103. Renumbered and Amended by Chapter 3, 2008 General Session
Section 201 – Post-conviction remedies — 30 days.
78B-9-201. Post-conviction remedies — 30 days. A post-conviction remedy may not be applied for or entertained by any court within 30 days prior to the date set for execution of a capital sentence, unless the grounds for application are based on facts or circumstances which developed or first became known within that period of time. […]
Section 202 – Appointment and payment of counsel in death penalty cases.
Effective 5/4/2022 78B-9-202. Appointment and payment of counsel in death penalty cases. (1) A person who has been sentenced to death and whose conviction and sentence has been affirmed on appeal shall be advised in open court, on the record, in a hearing scheduled no less than 30 days prior to the signing of the […]
Section 300 – Title.
78B-9-300. Title. This part is known as “Postconviction DNA Testing.” Enacted by Chapter 358, 2008 General Session
Section 301 – Postconviction testing of DNA — Petition — Sufficient allegations — Notification of victim.
Effective 5/4/2022 78B-9-301. Postconviction testing of DNA — Petition — Sufficient allegations — Notification of victim. (1) As used in this part: (a) “DNA” means deoxyribonucleic acid. (b) “Factually innocent” means the same as that term is defined in Section 78B-9-401.5. (2) An individual convicted of a felony offense may at any time file a […]