§ 16-12-206 — Postconviction review - motion

(1) (a) In any case in which a
defendant has been convicted of a class 1 felony and been sentenced to death, all
motions for postconviction review and all postconviction review proceedings are
governed by this part 2 and by the supreme court rules adopted to implement this
part 2.

(b) Any motion for postconviction review shall state with particularity the
grounds upon which the defendant intends to rely, including a statement of the
facts and citations of law. A motion for postconviction review may include only
those issues specified in paragraph (c) of this subsection (1) and shall not include
any issues that were raised at the entry of any guilty plea, before trial, at trial, at
the penalty phase hearing, or in the motion for new trial.

(c) A motion for postconviction review may raise only the following issues:

(I) Whether there exists evidence of material facts, not previously presented
and heard, which by the exercise of reasonable diligence could not have been
known or learned by the defendant or trial counsel prior to the imposition of the
sentence and which require that the conviction or the death sentence be vacated in
the interests of justice; or

(II) Whether the conviction was obtained or the sentence was imposed in
violation of the constitution or laws of the United States or Colorado; or

(III) Whether the defendant was convicted under a statute that violates the
constitution of the United States or Colorado or whether the conduct for which the
defendant was prosecuted was constitutionally protected; or

(IV) Whether the judgment was rendered without jurisdiction over the
defendant or the subject matter; or

(V) Any other grounds that are properly the basis for collateral attack upon a
criminal judgment; or

(VI) Whether trial counsel rendered ineffective assistance.

(2) By alleging that trial counsel rendered ineffective assistance, the
defendant automatically waives confidentiality pursuant to the provisions of
section 18-1-417, C.R.S., between the defendant and trial counsel but only with
respect to the information that is related to the defendant's claim of ineffective
assistance.

(3) Neither the defendant nor the prosecution may file a motion for
reconsideration or rehearing of the trial court's ruling on the motion for
postconviction review. The granting or denying of a motion for postconviction
review under this section is a final order reviewable on appeal by the Colorado
supreme court.

Legislative History

Source: L. 97: Entire part added, p. 1578, � 1, effective June 4. L. 2005: (2) amended, p. 424, � 3, effective April 29.