§ 16-12-209 — Limitation on postconviction review

Colorado § 16-12-209

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Review of Judgments in Criminal Cases

Text

(1) No further
postconviction review is available to the defendant after the time specified by
supreme court rule for filing a petition for postconviction review has expired. Any
claim or petition filed thereafter shall be deemed waived and shall be dismissed
summarily unless the defendant establishes that:

(a) The failure to raise the claim within the time limit was the direct result of
interference by government officials with the presentation of the claim in a manner
which violated the constitution or laws of the United States or Colorado; or

(b) The facts upon which the claim are based were unknown to the defendant
and could not have been ascertained by the exercise of due diligence; or

(c) The right asserted by the defendant is a constitutional right that was
recognized by the supreme court of either the United States or Colorado after the
time limits specified by supreme court rule for the filing of the petition for
postconviction review had expired and the constitutional right applies retroactively.

(2) If the defendant files a motion for postconviction review raising any of the
grounds specified in subsection (1) of this section, the motion shall be filed with the
trial court within thirty-five days after the date upon which the grounds are
discovered.

Legislative History

Source: L. 97: Entire part added, p. 1581, � 1, effective June 4. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 856, � 89, effective July 1.