(1)Notwithstanding any other claim for post-conviction relief available pursuant to
federal or state law, including relief available pursuant to the Colorado rules of
criminal procedure, a defendant who was convicted of a criminal offense who
receives a notice of reported wrongful action pursuant to section 16-12-306 or who
files a pleading naming a crime laboratory employee who worked on the
defendant's case who is subject to an investigation of wrongful action has a right to
petition for relief pursuant to this part 3.
(2)To initiate a claim for post-conviction relief, the defendant shall file a
petition that includes:
(a)If not already filed with the court, a copy of the notice received pursuant
to section 16-12-306 or a statement that names a crime laboratory employee wh
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(1)
Notwithstanding any other claim for post-conviction relief available pursuant to
federal or state law, including relief available pursuant to the Colorado rules of
criminal procedure, a defendant who was convicted of a criminal offense who
receives a notice of reported wrongful action pursuant to section 16-12-306 or who
files a pleading naming a crime laboratory employee who worked on the
defendant's case who is subject to an investigation of wrongful action has a right to
petition for relief pursuant to this part 3.
(2) To initiate a claim for post-conviction relief, the defendant shall file a
petition that includes:
(a) If not already filed with the court, a copy of the notice received pursuant
to section 16-12-306 or a statement that names a crime laboratory employee who
worked on the defendant's case who is subject to an investigation of wrongful
action;
(b) A statement of the relevant procedural history of the defendant's case,
including the crimes for which the defendant was convicted;
(c) The facts and legal basis for relief, which must include sufficient
allegations that, if true, entitle the defendant to relief; and
(d) A description of the time limit for filing the petition.
(3) A court shall permit a defendant to supplement a petition with relevant
factual assertions and legal authorities so long as the district attorney has a fair
notice and ability to respond.
(4) The court may dismiss a petition for failing to substantially comply with
the requirements of this section but only after making a finding of a substantial
defect in the petition and affording the defendant an opportunity to amend or
supplement the petition to cure the defect.
(5) After receiving a petition and any supplements or amendments, the court
shall order the district attorney to respond to the petition within thirty-five days and
afford the defendant an opportunity to reply to the response within twenty-one
days after the district attorney's response is filed. The district attorney does not
have a duty to respond until ordered to do so. A court may grant an extension of
time for the district attorney to file a response or a defendant to file a reply. The
district attorney's response and any reply by the defendant must state factual
assertions and legal authorities that afford the opposing party fair notice and ability
to respond.
(6) After receiving the petition, a response, and any reply, the court may
dismiss a petition without a hearing if the petition fails to state sufficient
allegations that, if true, entitle the defendant to relief.
(7) The court shall not deny a claim brought pursuant to this section on the
grounds that the wrongful action could or should have been discovered through the
exercise of due diligence before the defendant received a notice of reported
wrongful action as described in section 16-12-306 (1). It is presumed that prior to
receiving a notice pursuant to section 16-12-306 (1) that the defendant and their
counsel do not know about the wrongful action by a crime laboratory, and that
presumption constitutes an objective factor, external to the defense, which made
raising any claim related to the wrongful action impracticable prior to receipt of the
notice.
(8) A claim made pursuant to this section must raise all grounds for relief
related to the wrongful action. After a court has denied a claim made pursuant to
this section, a court shall deny successive additional claims relying on the wrongful
action unless new evidence relating to the claim is discovered that could not have
been discovered through the exercise of due diligence before the denial of the prior
claim.
(9) Notwithstanding any other law to the contrary, a court shall not deny a
post-conviction claim that is unrelated to wrongful action because it was not
brought with a claim pursuant to this section.