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 […]
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
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 […]
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 […]
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 […]
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) […]
Effective 5/4/2022 78B-9-108. Effect of granting relief — Notice. (1) If the court grants the petitioner’s request for relief, except requests for relief under Subsection 78B-9-104(1)(h), the court shall either: (a) modify the original conviction or sentence; or (b) vacate the original conviction or sentence and order a new trial or sentencing proceeding as appropriate. […]
Effective 5/4/2022 78B-9-109. Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division. (1) (a) If any portion of the petition is not summarily dismissed, the court may, upon the request of an indigent petitioner, appoint counsel on a pro bono basis or from the Indigent Appellate Defense Division, created in Section 78B-22-902, […]
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
