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MN HF3975
Bill
Status
3/2/2020
Primary Sponsor
Carlos Mariani
Click for details
AI Summary
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Modifies Minnesota Statutes 2018, section 590.01, subdivision 4, to add exceptions to the two-year time limit for filing postconviction relief petitions.
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Allows courts to hear petitions filed after the two-year deadline if the petitioner establishes physical disability or mental disease precluded timely filing.
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Permits late petitions based on newly discovered scientific or other evidence that could not have been found through due diligence and establishes innocence by clear and convincing standard.
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Allows courts to hear petitions asserting new interpretations of federal or state constitutional or statutory law by the U.S. Supreme Court or Minnesota appellate courts that are retroactively applicable.
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Adds new exception allowing late petitions when a conviction resulted from incorrect or absent advice from counsel regarding immigration consequences and the petitioner is in removal proceedings, detained for removal, or received notice to report for removal.
Legislative Description
Postconviction relief time limit modified for when a court may hear a petition.
Last Action
Author added Moran
5/12/2020