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.
History: 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