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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

Enacted in other states

South Carolina

All Idaho named statutes →

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