Uniform Post-Conviction Procedure Act
Idaho · Criminal Procedure · §§ 19-4901 to 19-4911 · 11 sections
Overview
The Uniform Post-Conviction Procedure Act establishes a single statutory process by which a person already convicted of a crime may ask a court to vacate, set aside, or correct the conviction or sentence, and it makes that process the exclusive remedy rather than one option among several. Relief is sought by filing an application on specified statutory grounds, and the act governs which court has jurisdiction, how the application must be framed and filed, what the court does upon receiving it, the availability of discovery, the conduct of a hearing, entry of final judgment, and appeal. It also covers court costs and expenses for indigent applicants, provides that alleging ineffective assistance by prior counsel waives the attorney-client privilege and opens counsel's files, and sets out separate procedures for capital cases.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 4 court decisions.
Most-cited authority: 537 P3D 1267 - Hooley v. State
Sections covered
- Idaho Code § 19-4901Remedy — To whom available — Conditions1 cite
- Idaho Code § 19-4902Commencement of proceedings — Verification — Filing — Service — DNA testing1 cite
- Idaho Code § 19-4903Application — Contents
- Idaho Code § 19-4904Inability to pay costs1 cite
- Idaho Code § 19-4905Costs of state
- Idaho Code § 19-4906Pleadings and judgment on pleadings
- Idaho Code § 19-4907Hearing — Evidence — Order — Presence of applicant1 cite
- Idaho Code § 19-4908Waiver of or failure to assert claims
- Idaho Code § 19-4909Review
- Idaho Code § 19-4910Uniformity of interpretation
- Idaho Code § 19-4911Short title
Enacted in other states
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