2006 Utah Code - 78-35a-106 — Preclusion of relief -- Exception.

     78-35a-106.   Preclusion of relief -- Exception.
     (1) A person is not eligible for relief under this chapter upon any ground that:
     (a) may still be raised on direct appeal or by a post-trial motion;
     (b) was raised or addressed at trial or on appeal;
     (c) could have been but was not raised at trial or on appeal;
     (d) was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for post-conviction relief; or
     (e) is barred by the limitation period established in Section 78-35a-107.
     (2) Notwithstanding Subsection (1)(c), a person may be eligible for relief on a basis that the ground could have been but was not raised at trial or on appeal, if the failure to raise that ground was due to ineffective assistance of counsel.

Enacted by Chapter 235, 1996 General Session