590.01 AVAILABILITY, CONDITIONS. Subdivision 1. Petition. Except at a time when direct appellate relief is available, a person convicted of a crime, who claims that: (1) the conviction obtained or the sentence or other disposition made violated the person’s rights under the Constitution or laws of the United States or of the state; or (2) […]
590.02 PETITION; FILING; SERVICE; COSTS. Subdivision 1. Petition. The petition filed in the district court pursuant to section 590.01 shall be entitled in the name of the petitioner versus the state of Minnesota and shall contain: (1) a statement of the facts and the grounds upon which the petition is based and the relief desired. […]
590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION PETITION. Within 20 days after the filing of the petition pursuant to section 590.01 or within such time as the judge to whom the matter has been assigned may fix, the county attorney, or the attorney general, on behalf of the state, shall respond to the petition […]
590.04 HEARINGS ON PETITION; EVIDENCE; ORDER. Subdivision 1. Early hearing. Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response thereto, and promptly determine the issues, make findings of fact and […]
590.05 INDIGENT PETITIONERS. A person financially unable to obtain counsel who desires to pursue the remedy provided in section 590.01 may apply for representation by the state public defender. The state public defender shall represent such person under the applicable provisions of sections 611.14 to 611.27, if the person has not already had a direct […]
590.06 APPEALS. An appeal may be taken to the court of appeals or, in a case involving a conviction for first degree murder, to the supreme court from the order granting relief or denying the petition within 60 days after the entry of the order. The appealing party shall, within the 60 days, serve a […]
590.10 PRESERVATION OF EVIDENCE. Subdivision 1. Preservation. Notwithstanding any other provision of law, all appropriate governmental entities shall retain any biological evidence relating to the identification of a defendant used to secure a conviction in a criminal case until expiration of sentence unless earlier disposition is authorized by court order after notice to the defendant […]
590.11 ORDER DETERMINING ELIGIBILITY FOR COMPENSATION BASED ON EXONERATION. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them. (b) “Exonerated” means that: (1) a court: (i) vacated, reversed, or set aside a judgment of conviction on grounds consistent with innocence and there are no remaining felony charges […]
