§ 7-14-103 — Claims barred; applicability of act

Wyoming § 7-14-103

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 14: REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS

Text

(a) A claim under this act is procedurally barred and no
court has jurisdiction to decide the claim if the claim:
(i) Could have been raised but was not raised in a
direct appeal from the proceeding which resulted in the
petitioner's conviction;
(ii) Was not raised in the original or an amendment
to the original petition under this act; or
(iii) Was decided on its merits or on procedural
grounds in any previous proceeding which has become final.
(b) Notwithstanding paragraph (a)(i) of this section, a
court may hear a petition based on any of the following:
(i) The petitioner sets forth facts supported by
affidavits or other credible evidence which was not known or
reasonably available to him at the time of a direct appeal;
(ii) The court finds from a review of the trial and
appellate records that the petitioner's appellate counsel
provided constitutionally ineffective assistance by failing to
assert a claim that was likely to result in a reversal of the
petitioner's conviction or sentence on his direct appeal. This
finding may be reviewed by the supreme court together with any
further action of the district court taken on the petition; or
(iii) The petitioner was represented by the same
attorney in the trial and appellate courts.
(c) This act does not apply to claims of error or denial
of rights in any proceeding:
(i) For the revocation of probation or parole;
(ii) Provided by statute or court rule for new trial,
sentence reduction, sentence correction or other post-verdict
motion.
(d) No petition under this act shall be allowed if filed
more than five (5) years after the judgment of conviction was
entered.