2010 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 14 - Remedy For Violation Of Constitutional Rights

CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS

 

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

 

 

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

 

(b) Any person serving a felony sentence in a state penal institution who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the constitution of the United States or of the state of Wyoming, or both, may institute proceedings under this act. The proceeding shall be commenced by filing with the 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 Wyoming attorney general by certified or registered mail. The clerk shall docket the petition upon receipt and bring it promptly to the attention of the court.

 

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

 

(i) Any evidentiary hearing shall be conducted before the court without 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 not apply 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 rights were violated; and

 

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

 

(b) The petition shall be accompanied by affidavits, records or other evidence supporting the allegations or shall state why the same are not attached.

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(i) For the revocation of probation or parole;

 

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

 

(d) No petition under this act shall be allowed if filed more than 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 not entitled to representation by the state public defender or by appointed counsel.

 

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

 

 

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

 

(b) The court may grant leave to the petitioner, at any stage of 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 pleading other than the original petition.

 

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

 

 

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

 

(b) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence in the former 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 act shall state the basis for the court's decision and may contain findings of fact and conclusions of law.

 

7-14-107. Appellate review.

 

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

 

7-14-108. Existing statutory provisions.

 

W.S. 7-14-101 through 7-14-108 shall not repeal any existing laws.