Title 78B, Title 78B: Judicial Code

78B-9-105. Burden of proof. (1) Except for claims raised under Subsection, the petitioner has the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief. 78B-9-104(1)(h) For claims raised under Subsection, the pet…

78B-9-106. Preclusion of relief -- Exception. (1) A petitioner is not eligible for relief under this chapter upon any ground that: may still be raised on direct appeal or by a post-trial motion; was raised or addressed in the trial court, at trial, or on appeal; could have been b…

78B-9-107. Statute of limitations for postconviction relief. (1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued. (2) For purposes of this section, the cause of action accrues on the later of …

78B-9-108. Effect of granting relief -- Notice. (1) If the court grants the petitioner's request for relief, except requests for relief under Subsection, the court shall either: 78B-9-104(1)(h) modify the original conviction or sentence; or vacate the original conviction or sente…

78B-9-109. Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division. (1) If any portion of the petition is not summarily dismissed, the court may, upon the request of an indigent petitioner, appoint counsel on a pro bono basis or from the Indigent Appel…

78B-9-110. Appeal -- Jurisdiction. Any party may appeal from the trial court's final judgment on a petition for post-conviction relief to the appellate court having jurisdiction pursuant to Sectionor.

78B-9-201. Post-conviction remedies -- 30 days. A post-conviction remedy may not be applied for or entertained by any court within 30 days prior to the date set for execution of a capital sentence, unless the grounds for application are based on facts or circumstances which devel…

78B-9-202. Appointment and payment of counsel in a death penalty case. (1) Within 30 days after the day on which the Supreme Court remits a case after affirming an individual's conviction and sentence of death, the sentencing court shall: advise the individual, in open court and …

78B-9-301. Postconviction testing of DNA -- Petition -- Sufficient allegations -- Notification of victim -- Investigative genetic genealogy. (1) As used in this part: "DNA" means deoxyribonucleic acid. "Factually innocent" means the same as that term is defined in Section. 78B-9-…

78B-9-302. Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions. (1) The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DN…

78B-9-303. Consequences of postconviction DNA testing when result is favorable to person -- Procedures. (1) If the result of postconviction DNA testing is favorable to the person, the person may file a motion to vacate the conviction. The court shall give the state 30 days to res…

78B-9-304. Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures. (1) If the result of postconviction DNA testing is not favorable to the person, the court shall deny the person's petition, and the court shall: report the unfavorable result…

78B-9-401. Title. This part is known as "Postconviction Determination of Factual Innocence."

78B-9-401.5. Definitions. As used in this part: (1) "Bona fide and compelling issue of factual innocence" means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. (2) "Factual inno…

78B-9-402. Petition for determination of factual innocence -- Sufficient allegations -- Notification of victim -- Payment to surviving spouse. (1) An individual who has been convicted of a felony offense may petition the district court in the county in which the individual was co…

78B-9-403. Requests for appointment of counsel -- Appeals -- Postconviction petitions. (1) Subsectionsand, regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part. 78B-9-109(1) (2) (2) Subsection, regarding effectiveness …

78B-9-404. Hearing upon petition -- Procedures -- Court determination of factual innocence. (1) In any hearing conducted under this part, the Utah attorney general shall represent the state. The burden is upon the petitioner to establish the petitioner's factual innocence by clea…

78B-9-405. Judgment and assistance payment. (1) As used in this section: "Felony" means a criminal offense classified as a felony under, or conduct that would constitute a felony if committed in Utah. Title 76, Chapter 3, Punishments "Petitioner" means a United States citizen or …

78B-9-501. Title. This part is known as the "Conviction Integrity Units Act."

78B-9-502. Definitions. As used in this part: (1) "Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that: the convicted person is significantly likely to be factually innocent; newly …

78B-9-503. Conviction Integrity Unit. (1) A prosecution agency may establish a conviction integrity unit to investigate: plausible allegations of factual innocence; newly discovered material evidence; or information discovered or received by the prosecution agency after trial, ju…