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MN SF2495
Bill
Status
3/14/2019
Primary Sponsor
Foung Hawj
Click for details
AI Summary
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Establishes a two-year time limit for filing petitions for postconviction relief, measured from either the entry of judgment or the appellate court's disposition of a direct appeal.
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Allows courts to hear petitions filed after the two-year deadline if the petitioner establishes physical disability or mental disease prevented timely filing, newly discovered evidence proving innocence by clear and convincing standard, or a retroactively applicable new interpretation of constitutional or statutory law by the U.S. Supreme Court or Minnesota appellate court.
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Permits courts to hear late petitions if the petitioner demonstrates the petition is not frivolous and serves the interests of justice, or if the petitioner faces removal proceedings, detention for deportation, or is likely to be deported.
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Requires any petition invoking an exception to the two-year deadline must be filed within two years of when the petitioner has actual knowledge of the consequence of the criminal conviction.
Legislative Description
Postconviction relief petition hearings procedures modification
Last Action
Chief author added Hawj
3/4/2020