Rule 3:22-2 Grounds
Rule 3:22 — Post Conviction Relief
Rule Text
A petition for post-conviction relief is cognizable if based upon any of the following grounds:
(a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey;
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph(a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5).
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
(e) A claim of ineffective assistance of counsel based on trial counsel’s failure to file a direct appeal of the judgment of conviction and sentence upon defendant’s timely request.
Amendment history: Source -- R.R. 3:10A-2; paragraph (c) amended July 16, 2009 to be effective September 1, 2009, new paragraph (e) adopted July 27, 2018 to be effective September 1, 2018.