1998 Minnesota Statutes

     590.01 Availability, conditions. 

    Subdivision 1.    Petition.  Except at a time when 
 direct appellate relief is available, a person convicted of a 
 crime, who claims that 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, 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.  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.  

    Subd. 2.    Remedy.  This remedy takes the place of any 
 other common law, statutory or other remedies which may have 
 been available for challenging the validity of a conviction, 
 sentence, or other disposition and must be used exclusively in 
 place of them unless it is inadequate or ineffective to test the 
 legality of the conviction, sentence or other disposition.  

    Subd. 3.    Application for relief.  A person who has 
 been convicted and sentenced for a crime committed before May 1, 
 1980, may institute a proceeding applying for relief under this 
 chapter upon the ground that a significant change in substantive 
 or procedural law has occurred which, in the interest of 
 justice, should be applied retrospectively, including 
 resentencing under subsequently enacted law.  

    No petition seeking resentencing shall be granted unless 
 the court makes specific findings of fact that release of the 
 petitioner prior to the time the petitioner would be released 
 under the sentence currently being served does not present a 
 danger to the public and is not incompatible with the welfare of 
 society. 

    HIST: 1967 c 336 s 1; 1969 c 491 s 1; 1981 c 366 s 1; 1983 c 
 247 s 201; 1986 c 444; 1Sp1986 c 3 art 1 s 65