US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 49
                           UNIFORM POST-CONVICTION
                                PROCEDURE ACT
    19-4907.  HEARING -- EVIDENCE -- ORDER -- PRESENCE OF APPLICANT. (a) The
application shall be heard in, and before any judge of, the court in which the
conviction took place. A record of the proceedings shall be made and
preserved. All rules and statutes applicable in civil proceedings including
pre-trial, discovery and appellate procedures are available to the parties.
The court may receive proof by affidavits, depositions, oral testimony, or
other evidence and may order the applicant brought before it for the hearing.
If the court finds in favor of the applicant, it shall enter an appropriate
order with respect to the conviction or sentence in the former proceedings,
and any supplementary orders as to rearraignment, retrial, custody, bail,
discharge, correction of sentence, or 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. This order is a
final judgment.
    (b)  The applicant should be produced at the hearing on a motion attacking
a sentence where there are substantial issues of fact as to evidence in which
he participated. The sentencing court has discretion to ascertain whether the
claim is substantial before granting a full evidentiary hearing and requiring
the applicant to be present.