§ 10-9.1-1 - Remedy – To whom available – Conditions. - Rhode Island Statutes

SECTION 10-9.1-1

   § 10-9.1-1  Remedy – To whom available– Conditions. – (a) Any person who has been convicted of, or sentenced for, a crime, aviolation of law, or a violation of probationary or deferred sentence statusand who claims:

   (1) That the conviction or the sentence was in violation ofthe constitution of the United States or the constitution or laws of this state;

   (2) That the court was without jurisdiction to imposesentence;

   (3) That the sentence exceeds the maximum authorized by law,or is otherwise not in accordance with the sentence authorized by law;

   (4) That there exists evidence of material facts, notpreviously presented and heard, that requires vacation of the conviction orsentence in the interest of justice;

   (5) That his or her sentence has expired, his or herprobation, parole, or conditional release unlawfully revoked, or he or she isotherwise unlawfully held in custody or other restraint; or

   (6) That the conviction or sentence is otherwise subject tocollateral attack upon any ground of alleged error heretofore available underany common law, statutory or other writ, motion, petition, proceeding, orremedy;

   may institute, without paying a filing fee, a proceedingunder this chapter to secure relief.

   (b) This remedy is not a substitute for nor does it affectany remedy incident to the proceedings in the trial court, or of direct reviewof the sentence or conviction. Except as otherwise provided in this chapter, itcomprehends and takes the place of all other common law, statutory, or otherremedies heretofore available for challenging the validity of the conviction orsentence. It shall be used exclusively in place of them.