C.R.S. Section 18-1-410
Postconviction remedy


(1)

Notwithstanding the fact that no review of a conviction of crime was sought by appeal within the time prescribed therefor, or that a judgment of conviction was affirmed upon appeal, every person convicted of a crime is entitled as a matter of right to make applications for postconviction review. Except as otherwise required by subsection (1.5) of this section, an application for postconviction review must, in good faith, allege one or more of the following grounds to justify a hearing thereon:

(a)

That the conviction was obtained or sentence imposed in violation of the constitution or laws of the United States or the constitution or laws of this state;

(b)

That the applicant was convicted under a statute that is in violation of the constitution of the United States or the constitution of this state, or that the conduct for which the applicant was prosecuted is constitutionally protected;

(c)

That the court rendering judgment was without jurisdiction over the person of the applicant or the subject matter;

(d)

That the sentence imposed exceeded the maximum authorized by law, or is otherwise not in accordance with the sentence authorized by law;

(e)

That there exists evidence of material facts, not theretofore presented and heard, which, by the exercise of reasonable diligence, could not have been known to or learned of by the defendant or his attorney prior to the submission of the issues to the court or jury, and which requires vacation of the conviction or sentence in the interest of justice;

(f)

Intentionally left blank —Ed.

(I)

That there has been significant change in the law, applied to the applicant’s conviction or sentence, allowing in the interests of justice retroactive application of the changed legal standard.

(II)

The ground set forth in this paragraph (f) may not be asserted if, prior to filing for relief pursuant to this paragraph (f), a person has not sought appeal of a conviction within the time prescribed therefor or if a judgment of conviction has been affirmed upon appeal.

(g)

Any grounds otherwise properly the basis for collateral attack upon a criminal judgment; or

(h)

That the sentence imposed has been fully served or that there has been unlawful revocation of parole, probation, or conditional release.

(1.5)

An application for postconviction review in a class 1 felony case where a sentence of death has been imposed shall be limited to claims of newly discovered evidence and ineffective assistance of counsel; except that, for any sentence of death imposed on or after the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by part 2 of article 12 of title 16, C.R.S., any application for postconviction review in such case shall be governed by the provisions of part 2 of article 12 of title 16, C.R.S.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise required by paragraph (b) of this subsection (2), procedures to be followed in implementation of the right to postconviction remedy shall be as prescribed by rule of the supreme court of the state of Colorado.

(b)

In any class 1 felony case where a sentence of death has been imposed, the district court shall expeditiously consider an application for postconviction remedy. It is the general assembly’s intent that the district court give priority to cases in which a sentence of death has been imposed.

(3)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection (3), an appeal of any order by the district court granting or denying postconviction relief in a case in which a sentence of death has been imposed shall be to the Colorado supreme court as provided by section 13-4-102 (1)(h), C.R.S. The procedures to be followed in the implementation of such review shall be in accordance with any rules adopted by the Colorado supreme court in response to the legislative intent expressed in section 16-12-101.5 (1), C.R.S.

(b)

In any class 1 felony case in which a sentence of death is imposed on or after the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established under part 2 of article 12 of title 16, C.R.S., the procedures for appealing any order by the district court granting or denying postconviction relief and review by the Colorado supreme court of such order shall be governed by the provisions of part 2 of article 12 of title 16, C.R.S., and by such rules adopted by the supreme court.

Source: Section 18-1-410 — Postconviction remedy, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Dec. 24, 2024).

18‑1‑101
Citation of title 18
18‑1‑102
Purpose of code, statutory construction
18‑1‑102.5
Purposes of code with respect to sentencing
18‑1‑103
Scope and application of code
18‑1‑104
“Offense” defined - offenses classified - common-law crimes abolished
18‑1‑201
State jurisdiction
18‑1‑202
Place of trial - applicability
18‑1‑301
Second trial barred by former prosecution for same offense
18‑1‑302
Second trial barred by former prosecution for different offense
18‑1‑303
Second trial barred by prosecution in another jurisdiction
18‑1‑304
Former prosecution not a bar
18‑1‑401
Purpose
18‑1‑402
Presumption of innocence
18‑1‑403
Legal assistance and supporting services
18‑1‑404
Preliminary hearing or waiver - dispositional hearing
18‑1‑405
Speedy trial - definition
18‑1‑406
Right to jury trial
18‑1‑407
Affirmative defense
18‑1‑408
Prosecution of multiple counts for same act
18‑1‑409
Appellate review of sentence for a felony
18‑1‑410
Postconviction remedy
18‑1‑410.5
Relief from improperly entered guilty pleas - legislative declaration
18‑1‑410.6
Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration
18‑1‑411
Postconviction testing of DNA - definitions
18‑1‑412
Procedure for application for DNA testing - appointment of counsel
18‑1‑413
Content of application for DNA testing
18‑1‑414
Preservation of evidence
18‑1‑415
Testing - payment
18‑1‑416
Results of the DNA test
18‑1‑417
Ineffective assistance of counsel claims - waiver of confidentiality
18‑1‑501
Definitions
18‑1‑502
Requirements for criminal liability in general and for offenses of strict liability and of mental culpability
18‑1‑503
Construction of statutes with respect to culpability requirements
18‑1‑503.5
Principles of criminal culpability
18‑1‑504
Effect of ignorance or mistake upon culpability
18‑1‑505
Consent
18‑1‑601
Liability based upon behavior
18‑1‑602
Behavior of another
18‑1‑603
Complicity
18‑1‑604
Exemptions from liability based upon behavior of another
18‑1‑605
Liability based on behavior of another - no defense
18‑1‑606
Criminal liability of business entities - definitions
18‑1‑607
Criminal liability of an individual for corporate conduct
18‑1‑701
Execution of public duty
18‑1‑702
Choice of evils
18‑1‑703
Use of physical force - special relationships
18‑1‑704
Use of physical force in defense of a person - definitions
18‑1‑704.5
Use of deadly physical force against an intruder
18‑1‑705
Use of physical force in defense of premises
18‑1‑706
Use of physical force in defense of property
18‑1‑706.5
Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle
18‑1‑707
Use of force by peace officers - definitions
18‑1‑708
Duress
18‑1‑709
Entrapment
18‑1‑710
Affirmative defense
18‑1‑711
Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal
18‑1‑712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions
18‑1‑712.5
Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition
18‑1‑713
Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses
18‑1‑714
Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions
18‑1‑801
Insufficient age
18‑1‑802
Insanity
18‑1‑803
Impaired mental condition
18‑1‑804
Intoxication
18‑1‑805
Responsibility - affirmative defense
18‑1‑901
Definitions
18‑1‑1001
Protection order against defendant - definitions
18‑1‑1001.5
Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions
18‑1‑1002
Criminal contempt proceedings - notice to district attorney
18‑1‑1101
Definitions
18‑1‑1102
Scope
18‑1‑1103
Duty to preserve DNA evidence
18‑1‑1104
Manner and location of preservation of DNA evidence
18‑1‑1105
Law enforcement agency request for permission to dispose of evidence - procedures
18‑1‑1106
Defendant request for disposition of or waiver of preservation of DNA evidence - procedures
18‑1‑1107
Victim request for disposition of DNA evidence - procedures
18‑1‑1108
Notice - form and sufficiency
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1-410’s source at colorado​.gov