Post Conviction Relief
Any person that is convicted of any crime, who did not win a drunk driving case, may file with the criminal division manager's office of the county in which the conviction took place. A petition for post-conviction relief captioned in the action in which the conviction was entered.
A petition for post-conviction relief is looked at if based upon any of the following grounds:
(a) A Lot Of denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the your State;
(b) Lack of jurisdiction of the court to impose the judgment made upon defendant's conviction;
(c) Imposition of sentence more than or otherwise not according to the sentence authorized by law.
(d) Any ground previously available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or legal remedy.
Except as otherwise wanted by the Constitution of your state, a petition pursuant for post-conviction relief is the exclusive means of challenging a judgment made upon conviction of a crime. It is not, yet, a substitute for appeal from conviction or for motion incident to the proceedings in the trial court, and may not be filed while such appellate go over or motion is available according to court records.
Any ground for post-conviction relief not brought up in a prior proceeding under this rule, or in the proceedings leading to the conviction, or in a post-conviction proceeding brought and decided before the adoption of this rule, or in any appeal taken in any such proceedings is barred from assertion in a proceeding under this rule unless the court on motion or closing argument or at the hearing finds (a) that the ground for relief not earlier said could not reasonably have been brought up in any prior proceeding; or (b) that enforcement of the bar would lead to basic injustice; or (c) that denial of relief would be despite the Constitution of the United States or the state that you live in.
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