Title 29, Judicial Procedure, Criminal

The guilt or innocence of the accused as to the crime with which the person is charged may not be inquired into by the governor or in any proceeding after a demand for extradition has been presented to the governor or a demand for rendition has been filed with the attorney genera…

1. If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or is subject to an order arising out of a criminal proceeding, in this state, the governor may: a. Grant extradition; b. Delay action; or c. Agree with the executive authority of the demanding…

1. If the governor decides to comply with the demand for extradition, the governor shall issue a warrant for the arrest and extradition of the demanded person. The governor's warrant must recite the name of the state demanding extradition and the crime charged or other basis for …

1. A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of: a. The name of the state demanding extradition; b. The crime charged or other basis for the demand; c. The right to assi…

1. If the magistrate after hearing finds that the governor has issued a warrant supported by the documentation required by subsection 1 of section 29-30.3-08 and section 29-30.3-09, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the …

1. Subject to subsections 2 and 3, this state may grant a written request by an issuing authority of another state for the rendition of a person in this state. 2. The request must be refused if the requested person is: a. Being prosecuted or is imprisoned in this state for a crim…

A request for rendition must be accompanied by a certified copy of the arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the re…

A request for rendition under section 29-30.3-15 must be filed with the attorney general's office, which office shall forward the request to the proper state's attorney. The governor by written order may terminate the use of rendition at any time before the issuance of an order t…

Upon receipt of a request under section 29-30.3-17, the prosecuting official shall apply to a magistrate for the issuance of an arrest warrant, or other process, to obtain the appearance of the requested person. If the magistrate finds that the provisions of sections 29-30.3-15 a…

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of: a. The name of the state requesting rendition; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; and d. The right to require a judicial hearing purs…

1. If the magistrate after hearing finds that sections 29-30.3-15 and 29-30.3-16 have been complied with, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the arrested person establishes by clear and convincing evidence that arrested p…

1. Except as provided in subsection 2, a judicial order to transfer custody issued pursuant to section 29-30.3-06, 29-30.3-13, 29-30.3-14, 29-30.3-19, or 29-30.3-20 must direct a law enforcement officer to take or retain custody of the person until an agent of the other state is …

An agent who has custody of a person pursuant to an order to transfer custody issued in any state may request confinement of the person in any detention facility in this state while transporting the person pursuant to the order. Upon production of proper identification of the age…

Unless the states otherwise agree, the state to which the person is being returned shall pay the cost of returning the person incurred after transfer of custody to its agent.

1. A person returned to this state is subject to the law of this state as well as the provisions of law that constituted the basis for the return. 2. This chapter does not limit the powers, rights, or duties of the officials of a demanding or requesting state or of this state.

If a person returned to this state is found not to have violated the law that constituted the basis for the return, the magistrate may order the county or state to pay the person the cost of transportation and subsistence to: 1. The place of the person's initial arrest; or 2. The…

When the charged offense is a felony, the expenses of returning the demanded person to this state must be paid out of the state treasury, on the certificate of the governor and warrant of the county auditor and in all other cases they must be paid out of the county treasury in th…

In this chapter, unless the context or subject matter otherwise requires: 1. "Forfeitable property" means any of the following: a. Property that is illegally possessed or is contraband. b. Property that has been used or is intended to be used to facilitate the commission of a cri…

Seized property that is not required as evidence or for use in an investigation may be returned to the owner without the requirement of a hearing, if the person's possession of the property is not prohibited by law, the property is not forfeitable property, and there is no forfei…

Forfeitable property may be seized whenever and wherever the property is found within this state. Forfeitable property may be seized by taking custody of the property or by serving upon the person in possession of the property a notice of forfeiture and seizure. If the court find…

1. Forfeiture is a civil proceeding not dependent upon a prosecution for, or conviction of, a criminal offense and forfeiture proceedings are separate and distinct from any related criminal action. 2. Forfeiture proceedings brought under this chapter must be conducted in accordan…

Title to, and responsibility for, forfeitable property vests with the seizing agency at the time of the seizure. Once forfeitable property is seized, no right to the property may be transferred by anyone other than the seizing agency unless the seizure and forfeiture is declared …

When property is forfeited under this chapter, the seizing agency may: 1. Retain the property for official use or transfer the custody or ownership of any forfeited property to any federal, state, or local agency. 2. Sell the forfeited property that is not required to be destroye…

1. Property may not be forfeited under this chapter to the extent of an interest of an owner who had no part in the commission of the crime and who had no knowledge of the criminal use or intended use of the property. However, if it is established that the owner permitted the use…

If property forfeitable under this chapter is needed as evidence in a criminal proceeding, it must be retained under the control of the prosecuting attorney, or the prosecuting attorney's designee, until such time as its use as evidence is no longer required.

Notwithstanding other provisions of this chapter, in the case of forfeitable property seized and held as evidence of the commission of a criminal offense, the court in which a criminal prosecution was commenced may issue its order, upon motion and after hearing unless waived, for…

The provisions of this chapter do not apply to forfeiture proceedings commenced under other specific provisions of law, including chapters 12.1-06.1, 19-03.1, and 20.1-10.

1. A person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief under this chapter upon the ground that: a. The conviction was obtained or the sentence was imposed in violation of the laws or the Constitution of the United States or …

A court in which original jurisdiction in habeas corpus is vested may entertain a habeas corpus proceeding under chapter 32-22 or this chapter. This chapter, to the extent appropriate, governs the proceeding.

1. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The state must be named as respondent. No filing fee is required. 2. An application may be filed at any time. 3. If an application is filed before th…

1. The application must identify the proceedings in which the applicant was convicted and sentenced, give the date of the judgment and sentence complained of, set forth a concise statement of each ground for relief, and specify the relief requested. Argument, citations, and discu…

1. If an applicant requests counsel and the court is satisfied that the applicant is indigent, counsel shall be provided at public expense to represent the applicant. 2. Costs and expenses incident to a proceeding under this chapter, including fees for counsel provided at public …

1. Within thirty days after the docketing of an application or within any further time the court may allow, the state shall respond by answer or motion. 2. The state may move to dismiss an application on the ground that it is evident from the application that the applicant is not…

1. The court may make appropriate orders allowing amendment of the application or any pleading or motion, allowing further pleadings or motions, or extending the time for filing any pleading. 2. At any time before the entry of judgment, the court, for good cause, may grant leave …

The court, for good cause, may grant leave to either party to use the discovery procedures available in criminal or civil proceedings. Discovery procedures may be used only to the extent and in the manner the court has ordered or to which the parties have agreed.

1. The court, on its own motion, may enter a judgment denying a meritless application on any and all issues raised in the application before any response by the state. The court also may summarily deny a second or successive application for similar relief on behalf of the same ap…

1. The court may grant a motion by either party for summary disposition if the application, pleadings, any previous proceeding, discovery, or other matters of record show that no genuine issues exist as to any material fact and the moving party is entitled to judgment as a matter…

1. Evidence must be presented in open court, recorded, and preserved as part of the record of the proceedings. 2. A certified record of previous proceedings may be used as evidence of facts and occurrences established therein, but use of that record does not preclude either party…

1. The court shall make explicit findings on material questions of fact and state expressly its conclusions of law relating to each issue presented. 2. If the court rules that the applicant is not entitled to relief, its order must indicate whether the decision is based upon the …

1. An application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding. 2. A court may deny relief on the ground of misuse of process. Process is misused when the applicant: a. Presents a cl…

If an application is denied, the state may move for an order requiring the applicant to reimburse the state for costs and for litigation expenses paid for the applicant from public funds. The court may grant the motion if it finds that the applicant's claim is so completely lacki…

A final judgment entered under this chapter may be reviewed by the supreme court of this state upon appeal as provided by rule of the supreme court.

1. Without limitation on a court's authority to order discovery under section 29-32.1-08, a person convicted of a crime may make a motion for the performance of forensic DNA testing to demonstrate the person's actual innocence if: a. The testing is to be performed on evidence sec…