HF 1253

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to courts; limiting postconviction relief;
providing that local governments do not have to pay
expenses incurred by defendants in certain appeals;
amending Minnesota Statutes 2004, section 590.01,
subdivision 1, by adding a subdivision; proposing
coding for new law as Minnesota Statutes, chapter 545A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [545A.01] APPEAL OF PRETRIAL ORDERS; ATTORNEY
FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.
new text end

new text begin (a) Notwithstanding Rule 28.04, subdivision 2, clause (6),
of the Rules of Criminal Procedure, the government unit is not
required to pay the attorney fees and costs incurred by the
defendant on the unit's appeal of the following:
new text end

new text begin (1) in any case, from a pretrial order of the trial court;
new text end

new text begin (2) in felony cases, from any sentence imposed or stayed by
the trial court;
new text end

new text begin (3) in any case, from an order granting postconviction
relief;
new text end

new text begin (4) in any case, from a judgment of acquittal by the trial
court entered after the jury returns a verdict of guilty under
Rule 26.03, subdivision 17(2) or (3), of the Rules of Criminal
Procedure; and
new text end

new text begin (5) in any case, from an order of the trial court vacating
judgment and dismissing the case made after the jury returns a
verdict of guilty under Rule 26.04, subdivision 2, of the Rules
of Criminal Procedure.
new text end

new text begin (b) Paragraph (a) does not apply if the defendant is
represented by the public defender in this matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 590.01,
subdivision 1, is amended to read:

Subdivision 1.

Petition.

Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that:

(1) the conviction obtained or the sentence or other
disposition made violated the person's rights under the
Constitution or laws of the United States or of the state; or

(2) scientific evidence not available at trial, obtained
pursuant to a motion granted under subdivision 1a, establishes
the petitioner's actual innocence;

may commence a proceeding to secure relief by filing a petition
in the district court in the county in which the conviction was
had to vacate and set aside the judgment and to discharge the
petitioner or to resentence the petitioner or grant a new trial
or correct the sentence or make other disposition as may be
appropriate. new text begin A petition for postconviction relief after a
direct appeal may not be based on grounds that could have been
raised on direct appeal of the conviction or sentence. new text end Nothing
contained herein shall prevent the Supreme Court or the Court of
Appeals, upon application by a party, from granting a stay of a
case on appeal for the purpose of allowing an appellant to apply
to the district court for an evidentiary hearing under the
provisions of this chapter. The proceeding shall conform with
sections 590.01 to 590.06.

Sec. 3.

Minnesota Statutes 2004, section 590.01, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Time limit. new text end

new text begin (a) No petition for postconviction
relief may be filed more than two years after the later of:
new text end

new text begin (1) the entry of judgment of conviction or sentence if no
direct appeal is filed; or
new text end

new text begin (2) an appellate court's disposition of petitioner's direct
appeal.
new text end

new text begin (b) Notwithstanding paragraph (a), a court may hear a
petition for postconviction relief if:
new text end

new text begin (1) the petitioner establishes that a physical disability
or mental disease precluded a timely assertion of the claim;
new text end

new text begin (2) the petitioner alleges the existence of newly
discovered evidence, including scientific evidence, that could
not have been ascertained by the exercise of due diligence by
the petitioner or petitioner's attorney within the two-year time
period for filing a postconviction petition, and the evidence is
not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing
standard that the petitioner is innocent of the offense or
offenses for which the petitioner was convicted;
new text end

new text begin (3) the petitioner asserts a new interpretation of federal
or state constitutional law by either the United States Supreme
Court or Minnesota Supreme Court, and the petitioner establishes
that this interpretation is retroactively applicable to the
petitioner's case; or
new text end

new text begin (4) the petition is brought pursuant to subdivision 3.
new text end

new text begin (c) Any petition invoking an exception provided in
paragraph (b) must be filed within one year of the date the
claim arises.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 2 and 3 are effective August 1, 2005. Any person
whose conviction became final before August 1, 2005, shall have
two years after the effective date of this act to file a
petition for postconviction relief.
new text end