Rule 32.11 Court Review of the Petition, Response, and Reply; Further Proceedings
VIII. Appeal and Other Post–Conviction Relief | Rule 32. Post–Conviction Relief for Defendants Sentenced Following a Trial or a Contested Probation Violation Hearing
Rule Text
(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.
Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.