13-4238. Evidentiary hearing
A. The defendant is entitled to a hearing to determine issues of material fact,
with the right to be present and to subpoena witnesses. If facilities are available, the
court may, in its discretion, order the hearing to be held at the place of confinement,
giving at least fifteen days' notice to the officer in charge of the confinement
facility. A verbatim record of the hearing shall be made.
B. The rules of evidence applicable in criminal proceedings shall apply, except
that the defendant may be called to testify at the hearing.
C. The defendant has the burden of proving the allegations of fact by a
preponderance of the evidence. If a constitutional defect is proven, the state has the
burden of proving that the defect was harmless beyond a reasonable doubt.
D. The court shall rule within ten days after the hearing ends. If the court finds
in favor of the defendant, it shall enter an appropriate order with respect to the
conviction, sentence or detention, any further proceedings, including a new trial and
conditions of release, and other matters that may be necessary and proper. The court
shall make specific findings of fact and state expressly its conclusions of law relating
to each issue presented.
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