CHAPTER 416

POST CONVICTION RELIEF

416.01                         Availability of Remedy

Subdivision 1. Petition.         Except at a time when direct appellate relief is available, a person convicted of a crime who claims that the conviction obtained or the disposition made violated the person's rights under the law may file a petition with the Court requesting that the judgment be vacated and set aside, to discharge the petitioner, or to re-sentence the petition or make other disposition as the Court deems appropriate.

416.02                         Contents of Petition

Subdivision 1.            The petition filed with the court pursuant to this chapter shall contain:

      1)              A statement of the facts and the grounds upon which the petition is based.

      2)              An identification of the proceedings in which the petitioner was convicted and the                         date of the entry of judgement.

      3)              The name, address, and telephone number of the petitioner.

Subdivision 2.            The Clerk of Court shall deliver a copy of the filed petition to the Tribal Prosecutor and the Clerk shall immediately assign the matter a hearing date as early as convenient.

416.03                         Right to Appeal

Subdivision 1. An appeal may be taken from the Court Order granting relief or denying the Petition within thirty (30) days after filing the order in accordance with the rules of appellate procedure set forth in this code.