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 […]
Section 302 – Effect of petition for postconviction DNA testing — Requests for appointment of counsel — Appeals — Subsequent postconviction petitions.
78B-9-302. Effect of petition for postconviction DNA testing — Requests for appointment of counsel — Appeals — Subsequent postconviction petitions. (1) The filing of a petition for DNA testing constitutes the person’s consent to provide samples of body fluids for use in the DNA testing. (2) The data from any DNA samples or test results […]
Section 102 – Replacement of prior remedies.
Effective 5/9/2017 78B-9-102. Replacement of prior remedies. (1) (a) This chapter establishes the sole remedy for any person who challenges a conviction or sentence for a criminal offense and who has exhausted all other legal remedies, including a direct appeal except as provided in Subsection (2). This chapter replaces all prior remedies for review, including […]
Section 103 – Applicability — Effect on petitions.
78B-9-103. Applicability — Effect on petitions. Except for the limitation period established in Section 78B-9-107, this chapter applies only to post-conviction proceedings filed on or after July 1, 1996. Renumbered and Amended by Chapter 3, 2008 General Session
Section 104 – Grounds for relief — Retroactivity of rule.
Effective 5/4/2022 78B-9-104. Grounds for relief — Retroactivity of rule. (1) Unless precluded by Section 78B-9-106 or 78B-9-107, an individual who has been convicted and sentenced for a criminal offense may file an action in the district court of original jurisdiction for postconviction relief to vacate or modify the conviction or sentence upon the following […]
Section 105 – Burden of proof.
Effective 5/4/2022 78B-9-105. Burden of proof. (1) (a) Except for claims raised under Subsection 78B-9-104(1)(h), the petitioner has the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief. (b) For claims raised under Subsection 78B-9-104(1)(h), the petitioner has the burden of pleading and proving […]
Section 106 – Preclusion of relief — Exception.
Effective 5/5/2021 78B-9-106. Preclusion of relief — Exception. (1) A petitioner is not eligible for relief under this chapter upon any ground that: (a) may still be raised on direct appeal or by a post-trial motion; (b) was raised or addressed in the trial court, at trial, or on appeal; (c) could have been but […]
Section 107 – Statute of limitations for postconviction relief.
Effective 5/4/2022 78B-9-107. Statute of limitations for postconviction relief. (1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued. (2) For purposes of this section, the cause of action accrues on the later of the following dates: (a) […]