A person under restraint or impediment specified in section 2124 shall demonstrate that relief is not unavailable on the basis of waiver as described in subsections 1 to 5. [1983, c. 235, §6 (NEW).]
1. Errors claimable on direct appeal. Errors at the trial which have been or could have been raised on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-conviction review under this chapter; provided that if the failure of the convicted or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130.
[ 1979, c. 701, §15 (NEW) .]
2. Errors claimable in federal habeas corpus. The assertion of a right under the Constitution of the United States shall not be held waived by its nonassertion at trial or on appeal if the assertion of the right would be held not waived in a federal habeas corpus proceeding brought by the convicted or adjudicated person, pursuant to the United States Code, Title 28, sections 2241 to 2254.
[ 1979, c. 701, §15 (NEW) .]
3. Waiver of grounds not raised. All grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise require or unless the court determines that the ground could not reasonably have been raised in an earlier action.
[ 1979, c. 701, §15 (NEW) .]
4. Prior challenges. A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14, sections 5502 to 5508 or its predecessors shall not challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have been raised in the earlier action.
[ 1987, c. 402, Pt. A, §110 (AMD) .]
5. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1-A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal; [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States, if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
[ 1997, c. 399, §3 (RPR); 1997, c. 399, §5 (AFF) .]
6. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3. The limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment.
[ 1997, c. 399, §4 (NEW) .]
SECTION HISTORY
1979, c. 701, §15 (NEW). 1983, c. 235, §6 (AMD). 1987, c. 402, §A110 (AMD). 1995, c. 286, §4 (AMD). 1997, c. 399, §§3,4 (AMD). 1997, c. 399, §5 (AFF).
A person under restraint or impediment specified in section 2124 shall demonstrate that relief is not unavailable on the basis of waiver as described in subsections 1 to 5. [1983, c. 235, §6 (NEW).]
1. Errors claimable on direct appeal. Errors at the trial which have been or could have been raised on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-conviction review under this chapter; provided that if the failure of the convicted or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130.
[ 1979, c. 701, §15 (NEW) .]
2. Errors claimable in federal habeas corpus. The assertion of a right under the Constitution of the United States shall not be held waived by its nonassertion at trial or on appeal if the assertion of the right would be held not waived in a federal habeas corpus proceeding brought by the convicted or adjudicated person, pursuant to the United States Code, Title 28, sections 2241 to 2254.
[ 1979, c. 701, §15 (NEW) .]
3. Waiver of grounds not raised. All grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise require or unless the court determines that the ground could not reasonably have been raised in an earlier action.
[ 1979, c. 701, §15 (NEW) .]
4. Prior challenges. A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14, sections 5502 to 5508 or its predecessors shall not challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have been raised in the earlier action.
[ 1987, c. 402, Pt. A, §110 (AMD) .]
5. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1-A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal; [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States, if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
[ 1997, c. 399, §3 (RPR); 1997, c. 399, §5 (AFF) .]
6. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3. The limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment.
[ 1997, c. 399, §4 (NEW) .]
SECTION HISTORY
1979, c. 701, §15 (NEW). 1983, c. 235, §6 (AMD). 1987, c. 402, §A110 (AMD). 1995, c. 286, §4 (AMD). 1997, c. 399, §§3,4 (AMD). 1997, c. 399, §5 (AFF).
A person under restraint or impediment specified in section 2124 shall demonstrate that relief is not unavailable on the basis of waiver as described in subsections 1 to 5. [1983, c. 235, §6 (NEW).]
1. Errors claimable on direct appeal. Errors at the trial which have been or could have been raised on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-conviction review under this chapter; provided that if the failure of the convicted or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130.
[ 1979, c. 701, §15 (NEW) .]
2. Errors claimable in federal habeas corpus. The assertion of a right under the Constitution of the United States shall not be held waived by its nonassertion at trial or on appeal if the assertion of the right would be held not waived in a federal habeas corpus proceeding brought by the convicted or adjudicated person, pursuant to the United States Code, Title 28, sections 2241 to 2254.
[ 1979, c. 701, §15 (NEW) .]
3. Waiver of grounds not raised. All grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise require or unless the court determines that the ground could not reasonably have been raised in an earlier action.
[ 1979, c. 701, §15 (NEW) .]
4. Prior challenges. A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14, sections 5502 to 5508 or its predecessors shall not challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have been raised in the earlier action.
[ 1987, c. 402, Pt. A, §110 (AMD) .]
5. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1-A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal; [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States, if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. [1997, c. 399, §3 (NEW); 1997, c. 399, §5 (AFF).]
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
[ 1997, c. 399, §3 (RPR); 1997, c. 399, §5 (AFF) .]
6. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3. The limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment.
[ 1997, c. 399, §4 (NEW) .]
SECTION HISTORY
1979, c. 701, §15 (NEW). 1983, c. 235, §6 (AMD). 1987, c. 402, §A110 (AMD). 1995, c. 286, §4 (AMD). 1997, c. 399, §§3,4 (AMD). 1997, c. 399, §5 (AFF).
