Post-Conviction ReliefAny person convicted of a crime, including DUI, may file with the criminal division manager's office of the county in which the conviction took place a petition for post-conviction relief captioned in the action in which the conviction was entered. A petition for post-conviction relief is cognizable if based upon any of the following grounds:
Except as otherwise required by the Constitution of your state, a petition pursuant to this rule is the exclusive means of challenging a judgment rendered upon conviction of a crime. It is not, however, a substitute for appeal from conviction or for motion incident to the proceedings in the trial court, and may not be filed while such appellate review or motion is available according to court records. Any
ground for relief not raised in a prior proceeding under this rule,
or in the proceedings resulting in the conviction, or in a post-conviction
proceeding brought and decided prior to the adoption of this rule,
or in any appeal taken in any such proceedings is barred from assertion
in a proceeding under this rule unless the court on motion or at
the hearing finds (a) that the ground for relief not previously
asserted could not reasonably have been raised in any prior proceeding;
or (b) that enforcement of the bar would result in fundamental injustice;
or (c) that denial of relief would be contrary to the Constitution
of the United States or the state that you live in.
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