A Post-conviction Relief Petition is filed by a person who has been convicted of, or sentenced for a crime, a violation of law, or a violation of probationary or deferred sentence and asks the court to reduce the sentence or reverse the court’s decision. The defendant who files a post-conviction relief petition usually claims the following:
- That the conviction or the sentence was a violation of the constitution of the United State or laws of this state;
- That the court was without jurisdiction to impose sentence;
- That the sentence exceeds the maximum authorized by law;
- That there exists evidence of material facts, not previous presented and heard, that required the vacating of the conviction or sentence in the interest of justice;
- That the defendant’s sentence has expired, the defendant’s probation, parole, or conditional release unlawfully revoked, or the defendant is otherwise unlawfully held in custody; and
- That the conviction or sentence is otherwise subject to an alleged error, under any common law, statutory or other writ, motion, petition, proceeding, or remedy.
Upon the filing of a Post-conviction Relief Petition, the case will be heard before the original sentencing judicial officer. Should the judicial officer no longer be sitting in the District Court, the case will be heard in the appropriate courtroom for the charging police department.