2004 Minnesota Statutes

CHAPTER 590. Postconviction remedy

     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: 

    (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.  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. 1a.    Motion for fingerprint or forensic testing 
 not available at trial.  (a) A person convicted of a crime may 
 make a motion for the performance of fingerprint or forensic DNA 
 testing to demonstrate the person's actual innocence if: 

    (1) the testing is to be performed on evidence secured in 
 relation to the trial which resulted in the conviction; and 

    (2) the evidence was not subject to the testing because 
 either the technology for the testing was not available at the 
 time of the trial or the testing was not available as evidence 
 at the time of the trial. 

 The motion shall be filed before the district court that entered 
 the judgment of conviction.  Reasonable notice of the motion 
 shall be served on the prosecuting attorney who represented the 
 state at trial. 

    (b) A person who makes a motion under paragraph (a) must 
 present a prima facie case that: 

    (1) identity was an issue in the trial; and 

    (2) the evidence to be tested has been subject to a chain 
 of custody sufficient to establish that it has not been 
 substituted, tampered with, replaced, or altered in any material 
 aspect. 

    (c) The court shall order that the testing be performed if: 

    (1) a prima facie case has been established under paragraph 
 (b); 

    (2) the testing has the scientific potential to produce 
 new, noncumulative evidence materially relevant to the 
 defendant's assertion of actual innocence; and 

    (3) the testing requested employs a scientific method 
 generally accepted within the relevant scientific community.  
 The court shall impose reasonable conditions on the testing 
 designed to protect the state's interests in the integrity of 
 the evidence and the testing process.  

    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; 1999 c 216 art 3 
 s 2,3 

     590.02 Petition; filing; service; costs.  

    Subdivision 1.    Petition.  The petition filed in the 
 district court pursuant to section 590.01 shall be entitled in 
 the name of the petitioner versus the state of Minnesota and 
 shall contain: 

    (1) a statement of the facts and the grounds upon which the 
 petition is based and the relief desired.  All grounds for 
 relief must be stated in the petition or any amendment thereof 
 unless they could not reasonably have been set forth therein.  
 It shall not contain argument or citation of authorities; 

    (2) an identification of the proceedings in which the 
 petitioner was convicted including the date of the entry of 
 judgment and sentence or other disposition complained of; 

    (3) an identification of any previous proceeding, together 
 with the grounds therein asserted taken on behalf of the 
 petitioner to secure relief from the conviction and sentence or 
 other disposition; 

    (4) the name and address of any attorney representing the 
 petitioner.  In the event the petitioner is without counsel, the 
 court administrator shall forthwith transmit a copy of the 
 petition to the state public defender and shall advise the 
 petitioner of such referral.  

    Subd. 2.    Costs.  The filing of the petition and any 
 document subsequent thereto and all proceedings thereon shall be 
 without costs or any fees charged to the petitioner.  

    Subd. 3.    Filing.  When a petition is filed pursuant 
 to section 590.01 it shall be filed with an original and three 
 copies, each verified by the petitioner or signed by the 
 petitioner's attorney.  It shall be addressed to the district 
 court of the judicial district in the county where the 
 conviction took place. 

    In those cases in which the petitioner is represented by 
 counsel or in which the petitioner has filed a written waiver of 
 right to counsel, the court administrator of the district court 
 shall deliver a copy of the petition to the county attorney and 
 to the attorney general and shall immediately direct attention 
 of the filing thereof to the chief judge or judge acting in the 
 chief judge's behalf who shall promptly assign the matter to a 
 judge in said district. 

    HIST: 1967 c 336 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     590.03 Pleadings and practice after filing a 
  postconviction petition.  

    Within 20 days after the filing of the petition pursuant to 
 section 590.01 or within such time as the judge to whom the 
 matter has been assigned may fix, the county attorney, or the 
 attorney general, on behalf of the state, shall respond to the 
 petition by answer or motion which shall be filed with the court 
 administrator of district court and served on the petitioner if 
 unrepresented or on the petitioner's attorney.  No further 
 pleadings are necessary except as the court may order.  The 
 court may at any time prior to its decision on the merits permit 
 a withdrawal of the petition, may permit amendments thereto, and 
 to the answer.  The court shall liberally construe the petition 
 and any amendments thereto and shall look to the substance 
 thereof and waive any irregularities or defects in form.  

    HIST: 1967 c 336 s 3; 1Sp1986 c 3 art 1 s 82 

     590.04 Hearings on petition; evidence; order. 

    Subdivision 1.    Early hearing.  Unless the petition 
 and the files and records of the proceeding conclusively show 
 that the petitioner is entitled to no relief, the court shall 
 promptly set an early hearing on the petition and response 
 thereto, and promptly determine the issues, make findings of 
 fact and conclusions of law with respect thereto, and either 
 deny the petition or enter an order granting appropriate relief. 

    Subd. 2.    Open court hearing.  Hearings on a petition 
 filed pursuant to section 590.01 shall be in open court in the 
 judicial district in which the conviction took place or in the 
 Second, Fourth, Seventh, or Tenth Judicial Districts in the 
 discretion of the judge to whom the proceeding has been assigned.

    Subd. 3.    Hearing.  The court may order the petitioner 
 to be present at the hearing.  If the petitioner is represented 
 by an attorney, the attorney shall be present at any hearing. 

    A verbatim record of any hearing shall be made and kept. 

    Unless otherwise ordered by the court, the burden of proof 
 of the facts alleged in the petition shall be upon the 
 petitioner to establish the facts by a fair preponderance of the 
 evidence. 

    In the discretion of the court, it may receive evidence in 
 the form of affidavit, deposition, or oral testimony.  The court 
 may inquire into and decide any grounds for relief, even though 
 not raised by the petitioner. 

    The court may summarily deny a second or successive 
 petition for similar relief on behalf of the same petitioner and 
 may summarily deny a petition when the issues raised in it have 
 previously been decided by the Court of Appeals or the Supreme 
 Court in the same case. 

    HIST: 1967 c 336 s 4; 1969 c 491 s 2; 1977 c 190 s 1; 1983 c 
 247 s 202 

     590.05 Indigent petitioners. 

    A person financially unable to obtain counsel who desires 
 to pursue the remedy provided in section 590.01 may apply for 
 representation by the state public defender.  The state public 
 defender shall represent such person under the applicable 
 provisions of sections 611.14 to 611.27, if the person has not 
 already had a direct appeal of the conviction.  If, however, the 
 person pled guilty and received a presumptive sentence or a 
 downward departure in sentence, and the state public defender 
 reviewed the person's case and determined that there was no 
 basis for an appeal of the conviction or of the sentence, then 
 the state public defender may decline to represent the person in 
 a postconviction remedy case.  The state public defender may 
 represent, without charge, all other persons pursuing a 
 postconviction remedy under section 590.01, who are financially 
 unable to obtain counsel.  

    HIST: 1967 c 336 s 5; 1991 c 345 art 3 s 1; 1993 c 13 art 2 s 
 1; 1Sp2003 c 2 art 3 s 2 

     590.06 Appeals. 

    An appeal may be taken to the Court of Appeals or, in a 
 case involving a conviction for first degree murder, to the 
 Supreme Court from the order granting relief or denying the 
 petition within 60 days after the entry of the order.  

    The appealing party shall, within the 60 days, serve a 
 notice of appeal from the final order upon the court 
 administrator of district court and the opposing party.  If the 
 appeal is by the petitioner, the service shall be on the county 
 attorney and the attorney general.  If the appeal is by the 
 state, the service shall be on the petitioner or the 
 petitioner's attorney.  No fees or bond for costs shall be 
 required for the appeal.  

    HIST: 1967 c 336 s 6; 1983 c 247 s 203; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82