Colorado § 16-12-209 - Limitation on postconviction review.
Full text of Colorado Colorado Revised Statutes § 16-12-209 — Limitation on postconviction review., with citation guidance and answers to common questions.
§ 16-12-209. Limitation on postconviction review.
(1) No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the defendant establishes that:
(a) The failure to raise the claim within the time limit was the direct result of interference by government officials with the presentation of the claim in a manner which violated the constitution or laws of the United States or Colorado; or
(b) The facts upon which the claim are based were unknown to the defendant and could not have been ascertained by the exercise of due diligence; or
(c) The right asserted by the defendant is a constitutional right that was recognized by the supreme court of either the United States or Colorado after the time limits specified by supreme court rule for the filing of the petition for postconviction review had expired and the constitutional right applies retroactively.
(2) If the defendant files a motion for postconviction review raising any of the grounds specified in subsection (1) of this section, the motion shall be filed with the trial court within thirty-five days after the date upon which the grounds are discovered.
Source: L. 97: Entire part added, p. 1581, § 1, effective June 4. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 856, § 89, effective July 1.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-12-209
What does Colorado Revised Statutes § 16-12-209 cover?
Section 16-12-209 ("Limitation on postconviction review.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-12-209?
A common citation format is "Colorado Revised Statutes § 16-12-209" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-12-209 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.