2018 Wyoming Statutes
TITLE 7 - CRIMINAL PROCEDURE
CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS
SECTION 7-14-103 - Claims barred; applicability of act.
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 based on any of the following:
(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;
(ii) The court finds from a review of the trial and appellate records that the petitioner's appellate counsel provided constitutionally ineffective assistance by failing to assert a claim that was likely to result in a reversal of the petitioner's conviction or sentence 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; or
(iii) The petitioner was represented by the same attorney in the trial and appellate courts.
(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.