78B-9-104 - Grounds for relief -- Retroactivity of rule. - Utah Statutes

78B-9-104. Grounds for relief -- Retroactivity of rule.
(1) Unless precluded by Section 78B-9-106 or 78B-9-107, a person who has beenconvicted and sentenced for a criminal offense may file an action in the district court of originaljurisdiction for post-conviction relief to vacate or modify the conviction or sentence upon thefollowing grounds:
(a) the conviction was obtained or the sentence was imposed in violation of the UnitedStates Constitution or Utah Constitution;
(b) the conviction was obtained or the sentence was imposed under a statute that is inviolation of the United States Constitution or Utah Constitution, or the conduct for which thepetitioner was prosecuted is constitutionally protected;
(c) the sentence was imposed or probation was revoked in violation of the controllingstatutory provisions;
(d) the petitioner had ineffective assistance of counsel in violation of the United StatesConstitution or Utah Constitution;
(e) newly discovered material evidence exists that requires the court to vacate theconviction or sentence, because:
(i) neither the petitioner nor petitioner's counsel knew of the evidence at the time of trialor sentencing or in time to include the evidence in any previously filed post-trial motion orpost-conviction proceeding, and the evidence could not have been discovered through theexercise of reasonable diligence;
(ii) the material evidence is not merely cumulative of evidence that was known;
(iii) the material evidence is not merely impeachment evidence; and
(iv) viewed with all the other evidence, the newly discovered material evidencedemonstrates that no reasonable trier of fact could have found the petitioner guilty of the offenseor subject to the sentence received; or
(f) the petitioner can prove entitlement to relief under a rule announced by the UnitedStates Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after convictionand sentence became final on direct appeal, and that:
(i) the rule was dictated by precedent existing at the time the petitioner's conviction orsentence became final; or
(ii) the rule decriminalizes the conduct that comprises the elements of the crime forwhich the petitioner was convicted.
(2) The court may not grant relief from a conviction or sentence unless the petitionerestablishes that there would be a reasonable likelihood of a more favorable outcome in light ofthe facts proved in the post-conviction proceeding, viewed with the evidence and factsintroduced at trial or during sentencing.
(3) The court may not grant relief from a conviction based on a claim that the petitioneris innocent of the crime for which convicted except as provided in Title 78B, Chapter 9, Part 3,Postconviction Testing of DNA , or Part 4, Postconviction Determination of Factual Innocence. Claims under Part 3 or Part 4 of this chapter may not be filed as part of a petition under this part,but shall be filed separately and in conformity with the provisions of Part 3 or Part 4.

Amended by Chapter 153, 2010 General Session