Part VIII · Appeal and Other Post-Conviction Relief

Rule 32.11. Court Review of the Petition, Response, and Reply;  Further Proceedings

Amended January 1, 2020 (current) Contains Deadlines

(a) Summary Disposition If, after identifying all precluded and untimely claims, the court determines that no remaining claim presents a material issue of fact or law that would entitle the defendant to relief under this rule, the court must summarily dismiss the petition.

(b) Setting a Hearing If the court does not summarily dismiss the petition, it must set a status conference or a hearing within 30 days.

(c) Notice to Victim If the court sets a hearing, the State must notify any victim of the time and place of the hearing if the victim has requested such notice under a statute or court rule relating to victims' rights.

(d) Defendant's Competence The court may order a competency evaluation if the defendant's competence is necessary for the presentation of a claim.