State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter14

CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS

 

7-14-101. Definition of "this act"; commencement and conductof proceedings.

 

 

(a) As used in W.S. 7-14-101 through 7-14-108 "thisact" means W.S. 7-14-101 through 7-14-108.

 

(b) Any person serving a felony sentence in a state penalinstitution who asserts that in the proceedings which resulted in hisconviction there was a substantial denial of his rights under the constitutionof the United States or of the state of Wyoming, or both, may instituteproceedings under this act. The proceeding shall be commenced by filing withthe clerk of the court where the conviction occurred a petition verified by affidavit. A copy of the petition shall be served by the inmate on the Wyomingattorney general by certified or registered mail. The clerk shall docket thepetition upon receipt and bring it promptly to the attention of the court.

 

(c) Unless otherwise inconsistent with the provisions of thisact, proceedings under this act shall be conducted pursuant to the WyomingRules of Civil Procedure and the Wyoming Rules of Evidence, except:

 

(i) Any evidentiary hearing shall be conducted before the courtwithout a jury; and

 

(ii) Rules 3, 4, 14, 22, 23, 24, 38, 39, 40.1, 42, 47, 48, 51,55, 59 and 64 through 71.1 of the Wyoming Rules of Civil Procedure shall notapply to proceedings under this act.

 

7-14-102. Contents of petition.

 

 

(a) The petition shall state:

 

(i) The proceeding in which the petitioner was convicted;

 

(ii) The date of the rendition of the final judgment;

 

(iii) The facts which show the petitioner's constitutional rightswere violated; and

 

(iv) Any previous proceedings in which the petitioner has beeninvolved to secure relief from his conviction.

 

(b) The petition shall be accompanied by affidavits, records orother evidence supporting the allegations or shall state why the same are notattached.

 

(c) The petition may contain argument, citations and discussionof authorities.

 

7-14-103. Claims barred; applicability of act.

 

 

(a) A claim under this act is procedurally barred and no courthas jurisdiction to decide the claim if the claim:

 

(i) Could have been raised but was not raised in a directappeal from the proceeding which resulted in the petitioner's conviction;

 

(ii) Was not raised in the original or an amendment to theoriginal petition under this act; or

 

(iii) Was decided on its merits or on procedural grounds in anyprevious proceeding which has become final.

 

(b) Notwithstanding paragraph (a)(i) of this section, a courtmay hear a petition if:

 

(i) The petitioner sets forth facts supported by affidavits orother credible evidence which was not known or reasonably available to him atthe time of a direct appeal; or

 

(ii) The court makes a finding that the petitioner was deniedconstitutionally effective assistance of counsel on his direct appeal. Thisfinding may be reviewed by the supreme court together with any further actionof the district court taken on the petition.

 

(c) This act does not apply to claims of error or denial ofrights in any proceeding:

 

(i) For the revocation of probation or parole;

 

(ii) Provided by statute or court rule for new trial, sentencereduction, sentence correction or other post-verdict motion.

 

(d) No petition under this act shall be allowed if filed morethan five (5) years after the judgment of conviction was entered.

 

7-14-104. No right to appointed counsel.

 

 

(a) Repealed by Laws 1990, ch. 95, 2.

 

(b) Repealed by Laws 1990, ch. 95, 2.

 

(c) An indigent petitioner seeking relief under this act is notentitled to representation by the state public defender or by appointedcounsel.

 

7-14-105. Answer by state; withdrawal of petition; amendments andfurther pleadings.

 

 

(a) Within thirty (30) days after filing the petition, orwithin any further time as the court may fix, the attorney general on behalf ofthe state shall answer or move to dismiss the petition. No other or furtherpleadings shall be filed except as the court may order on its own motion or onthat of either party.

 

(b) The court may grant leave to the petitioner, at any stageof the proceeding prior to entry of judgment, to withdraw the petition.

 

(c) The court may by order authorize:

 

(i) Amendment of the petition or any other pleadings;

 

(ii) The filing of further pleadings; or

 

(iii) An extension of the time for filing any further pleadingother than the original petition.

 

7-14-106. Evidence received by court; orders entered upon favorablefinding; contents of final judgment or order.

 

 

(a) The court may, if it determines it to be necessary, receiveproof by affidavits, deposition, oral testimony or other evidence and may orderthe petitioner brought before the court for the hearing.

 

(b) If the court finds in favor of the petitioner, it shallenter an appropriate order with respect to the judgment or sentence in theformer proceedings and any supplementary orders as to rearraignment, retrial,custody, bail or discharge as may be necessary and proper.

 

(c) The final judgment or order on a petition under this actshall state the basis for the court's decision and may contain findings of factand conclusions of law.

 

7-14-107. Appellate review.

 

Any final judgment or order entered upon apetition under this act may be reviewed by the supreme court on writ ofcertiorari upon the petition of either party pursuant to the Wyoming Rules ofAppellate Procedure.

 

7-14-108. Existing statutory provisions.

 

W.S. 7-14-101 through 7-14-108 shall notrepeal any existing laws.

 

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter14

CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS

 

7-14-101. Definition of "this act"; commencement and conductof proceedings.

 

 

(a) As used in W.S. 7-14-101 through 7-14-108 "thisact" means W.S. 7-14-101 through 7-14-108.

 

(b) Any person serving a felony sentence in a state penalinstitution who asserts that in the proceedings which resulted in hisconviction there was a substantial denial of his rights under the constitutionof the United States or of the state of Wyoming, or both, may instituteproceedings under this act. The proceeding shall be commenced by filing withthe clerk of the court where the conviction occurred a petition verified by affidavit. A copy of the petition shall be served by the inmate on the Wyomingattorney general by certified or registered mail. The clerk shall docket thepetition upon receipt and bring it promptly to the attention of the court.

 

(c) Unless otherwise inconsistent with the provisions of thisact, proceedings under this act shall be conducted pursuant to the WyomingRules of Civil Procedure and the Wyoming Rules of Evidence, except:

 

(i) Any evidentiary hearing shall be conducted before the courtwithout a jury; and

 

(ii) Rules 3, 4, 14, 22, 23, 24, 38, 39, 40.1, 42, 47, 48, 51,55, 59 and 64 through 71.1 of the Wyoming Rules of Civil Procedure shall notapply to proceedings under this act.

 

7-14-102. Contents of petition.

 

 

(a) The petition shall state:

 

(i) The proceeding in which the petitioner was convicted;

 

(ii) The date of the rendition of the final judgment;

 

(iii) The facts which show the petitioner's constitutional rightswere violated; and

 

(iv) Any previous proceedings in which the petitioner has beeninvolved to secure relief from his conviction.

 

(b) The petition shall be accompanied by affidavits, records orother evidence supporting the allegations or shall state why the same are notattached.

 

(c) The petition may contain argument, citations and discussionof authorities.

 

7-14-103. Claims barred; applicability of act.

 

 

(a) A claim under this act is procedurally barred and no courthas jurisdiction to decide the claim if the claim:

 

(i) Could have been raised but was not raised in a directappeal from the proceeding which resulted in the petitioner's conviction;

 

(ii) Was not raised in the original or an amendment to theoriginal petition under this act; or

 

(iii) Was decided on its merits or on procedural grounds in anyprevious proceeding which has become final.

 

(b) Notwithstanding paragraph (a)(i) of this section, a courtmay hear a petition if:

 

(i) The petitioner sets forth facts supported by affidavits orother credible evidence which was not known or reasonably available to him atthe time of a direct appeal; or

 

(ii) The court makes a finding that the petitioner was deniedconstitutionally effective assistance of counsel on his direct appeal. Thisfinding may be reviewed by the supreme court together with any further actionof the district court taken on the petition.

 

(c) This act does not apply to claims of error or denial ofrights in any proceeding:

 

(i) For the revocation of probation or parole;

 

(ii) Provided by statute or court rule for new trial, sentencereduction, sentence correction or other post-verdict motion.

 

(d) No petition under this act shall be allowed if filed morethan five (5) years after the judgment of conviction was entered.

 

7-14-104. No right to appointed counsel.

 

 

(a) Repealed by Laws 1990, ch. 95, 2.

 

(b) Repealed by Laws 1990, ch. 95, 2.

 

(c) An indigent petitioner seeking relief under this act is notentitled to representation by the state public defender or by appointedcounsel.

 

7-14-105. Answer by state; withdrawal of petition; amendments andfurther pleadings.

 

 

(a) Within thirty (30) days after filing the petition, orwithin any further time as the court may fix, the attorney general on behalf ofthe state shall answer or move to dismiss the petition. No other or furtherpleadings shall be filed except as the court may order on its own motion or onthat of either party.

 

(b) The court may grant leave to the petitioner, at any stageof the proceeding prior to entry of judgment, to withdraw the petition.

 

(c) The court may by order authorize:

 

(i) Amendment of the petition or any other pleadings;

 

(ii) The filing of further pleadings; or

 

(iii) An extension of the time for filing any further pleadingother than the original petition.

 

7-14-106. Evidence received by court; orders entered upon favorablefinding; contents of final judgment or order.

 

 

(a) The court may, if it determines it to be necessary, receiveproof by affidavits, deposition, oral testimony or other evidence and may orderthe petitioner brought before the court for the hearing.

 

(b) If the court finds in favor of the petitioner, it shallenter an appropriate order with respect to the judgment or sentence in theformer proceedings and any supplementary orders as to rearraignment, retrial,custody, bail or discharge as may be necessary and proper.

 

(c) The final judgment or order on a petition under this actshall state the basis for the court's decision and may contain findings of factand conclusions of law.

 

7-14-107. Appellate review.

 

Any final judgment or order entered upon apetition under this act may be reviewed by the supreme court on writ ofcertiorari upon the petition of either party pursuant to the Wyoming Rules ofAppellate Procedure.

 

7-14-108. Existing statutory provisions.

 

W.S. 7-14-101 through 7-14-108 shall notrepeal any existing laws.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter14

CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS

 

7-14-101. Definition of "this act"; commencement and conductof proceedings.

 

 

(a) As used in W.S. 7-14-101 through 7-14-108 "thisact" means W.S. 7-14-101 through 7-14-108.

 

(b) Any person serving a felony sentence in a state penalinstitution who asserts that in the proceedings which resulted in hisconviction there was a substantial denial of his rights under the constitutionof the United States or of the state of Wyoming, or both, may instituteproceedings under this act. The proceeding shall be commenced by filing withthe clerk of the court where the conviction occurred a petition verified by affidavit. A copy of the petition shall be served by the inmate on the Wyomingattorney general by certified or registered mail. The clerk shall docket thepetition upon receipt and bring it promptly to the attention of the court.

 

(c) Unless otherwise inconsistent with the provisions of thisact, proceedings under this act shall be conducted pursuant to the WyomingRules of Civil Procedure and the Wyoming Rules of Evidence, except:

 

(i) Any evidentiary hearing shall be conducted before the courtwithout a jury; and

 

(ii) Rules 3, 4, 14, 22, 23, 24, 38, 39, 40.1, 42, 47, 48, 51,55, 59 and 64 through 71.1 of the Wyoming Rules of Civil Procedure shall notapply to proceedings under this act.

 

7-14-102. Contents of petition.

 

 

(a) The petition shall state:

 

(i) The proceeding in which the petitioner was convicted;

 

(ii) The date of the rendition of the final judgment;

 

(iii) The facts which show the petitioner's constitutional rightswere violated; and

 

(iv) Any previous proceedings in which the petitioner has beeninvolved to secure relief from his conviction.

 

(b) The petition shall be accompanied by affidavits, records orother evidence supporting the allegations or shall state why the same are notattached.

 

(c) The petition may contain argument, citations and discussionof authorities.

 

7-14-103. Claims barred; applicability of act.

 

 

(a) A claim under this act is procedurally barred and no courthas jurisdiction to decide the claim if the claim:

 

(i) Could have been raised but was not raised in a directappeal from the proceeding which resulted in the petitioner's conviction;

 

(ii) Was not raised in the original or an amendment to theoriginal petition under this act; or

 

(iii) Was decided on its merits or on procedural grounds in anyprevious proceeding which has become final.

 

(b) Notwithstanding paragraph (a)(i) of this section, a courtmay hear a petition if:

 

(i) The petitioner sets forth facts supported by affidavits orother credible evidence which was not known or reasonably available to him atthe time of a direct appeal; or

 

(ii) The court makes a finding that the petitioner was deniedconstitutionally effective assistance of counsel on his direct appeal. Thisfinding may be reviewed by the supreme court together with any further actionof the district court taken on the petition.

 

(c) This act does not apply to claims of error or denial ofrights in any proceeding:

 

(i) For the revocation of probation or parole;

 

(ii) Provided by statute or court rule for new trial, sentencereduction, sentence correction or other post-verdict motion.

 

(d) No petition under this act shall be allowed if filed morethan five (5) years after the judgment of conviction was entered.

 

7-14-104. No right to appointed counsel.

 

 

(a) Repealed by Laws 1990, ch. 95, 2.

 

(b) Repealed by Laws 1990, ch. 95, 2.

 

(c) An indigent petitioner seeking relief under this act is notentitled to representation by the state public defender or by appointedcounsel.

 

7-14-105. Answer by state; withdrawal of petition; amendments andfurther pleadings.

 

 

(a) Within thirty (30) days after filing the petition, orwithin any further time as the court may fix, the attorney general on behalf ofthe state shall answer or move to dismiss the petition. No other or furtherpleadings shall be filed except as the court may order on its own motion or onthat of either party.

 

(b) The court may grant leave to the petitioner, at any stageof the proceeding prior to entry of judgment, to withdraw the petition.

 

(c) The court may by order authorize:

 

(i) Amendment of the petition or any other pleadings;

 

(ii) The filing of further pleadings; or

 

(iii) An extension of the time for filing any further pleadingother than the original petition.

 

7-14-106. Evidence received by court; orders entered upon favorablefinding; contents of final judgment or order.

 

 

(a) The court may, if it determines it to be necessary, receiveproof by affidavits, deposition, oral testimony or other evidence and may orderthe petitioner brought before the court for the hearing.

 

(b) If the court finds in favor of the petitioner, it shallenter an appropriate order with respect to the judgment or sentence in theformer proceedings and any supplementary orders as to rearraignment, retrial,custody, bail or discharge as may be necessary and proper.

 

(c) The final judgment or order on a petition under this actshall state the basis for the court's decision and may contain findings of factand conclusions of law.

 

7-14-107. Appellate review.

 

Any final judgment or order entered upon apetition under this act may be reviewed by the supreme court on writ ofcertiorari upon the petition of either party pursuant to the Wyoming Rules ofAppellate Procedure.

 

7-14-108. Existing statutory provisions.

 

W.S. 7-14-101 through 7-14-108 shall notrepeal any existing laws.

 

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