What is the process for filing a petition for post-conviction relief?

In Minnesota, the process for filing a petition for post-conviction relief is provided by Minnesota Statutes 609.035. In order to file for post-conviction relief, the petitioner must first identify the case in which they have been convicted, and the court of conviction. The next step is to file a Petition for Post-Conviction Relief with the court where the petitioner was convicted. The petition must include facts which support any claim or allegation that the petitioner’s conviction or sentence was issued in violation of the United States Constitution, Minnesota’s constitution, or state criminal laws or procedures. Once the Petition for Post-Conviction Relief has been filed, the court will consider the facts presented and will evaluate if a hearing is necessary. If a hearing is scheduled, the petitioner must attend the hearing and present evidence to support their claims. The court will make a decision after the hearing, which may be to grant post-conviction relief or deny it. If post-conviction relief is granted, the court will order a new trial or appeal. If relief is denied, the petitioner must either accept the denial or appeal it to a higher court. It is important to note that if a petition for post-conviction relief is filed, the petitioner must file the petition within two years of the date of the conviction. If the petitioner files the petition outside of this two-year time period, the court may deny the petition.

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What is the process for filing a petition for post-conviction relief?

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