Colorado § 16-12-310 - Petition for post-conviction relief - petition requirements.

§ 16-12-310. Petition for post-conviction relief - petition requirements.

(1) Notwithstanding any other claim for post-conviction relief available pursuant to federal or state law, including relief available pursuant to the Colorado rules of criminal procedure, a defendant who was convicted of a criminal offense who receives a notice of reported wrongful action pursuant to section 16-12-306 or who files a pleading naming a crime laboratory employee who worked on the defendant's case who is subject to an investigation of wrongful action has a right to petition for relief pursuant to this part 3.

(2) To initiate a claim for post-conviction relief, the defendant shall file a petition that includes:

(a) If not already filed with the court, a copy of the notice received pursuant to section 16-12-306 or a statement that names a crime laboratory employee who worked on the defendant's case who is subject to an investigation of wrongful action;

(b) A statement of the relevant procedural history of the defendant's case, including the crimes for which the defendant was convicted;

(c) The facts and legal basis for relief, which must include sufficient allegations that, if true, entitle the defendant to relief; and

(d) A description of the time limit for filing the petition.

(3) A court shall permit a defendant to supplement a petition with relevant factual assertions and legal authorities so long as the district attorney has a fair notice and ability to respond.

(4) The court may dismiss a petition for failing to substantially comply with the requirements of this section but only after making a finding of a substantial defect in the petition and affording the defendant an opportunity to amend or supplement the petition to cure the defect.

(5) After receiving a petition and any supplements or amendments, the court shall order the district attorney to respond to the petition within thirty-five days and afford the defendant an opportunity to reply to the response within twenty-one days after the district attorney's response is filed. The district attorney does not have a duty to respond until ordered to do so. A court may grant an extension of time for the district attorney to file a response or a defendant to file a reply. The district attorney's response and any reply by the defendant must state factual assertions and legal authorities that afford the opposing party fair notice and ability to respond.

(6) After receiving the petition, a response, and any reply, the court may dismiss a petition without a hearing if the petition fails to state sufficient allegations that, if true, entitle the defendant to relief.

(7) The court shall not deny a claim brought pursuant to this section on the grounds that the wrongful action could or should have been discovered through the exercise of due diligence before the defendant received a notice of reported wrongful action as described in section 16-12-306 (1). It is presumed that prior to receiving a notice pursuant to section 16-12-306 (1) that the defendant and their counsel do not know about the wrongful action by a crime laboratory, and that presumption constitutes an objective factor, external to the defense, which made raising any claim related to the wrongful action impracticable prior to receipt of the notice.

(8) A claim made pursuant to this section must raise all grounds for relief related to the wrongful action. After a court has denied a claim made pursuant to this section, a court shall deny successive additional claims relying on the wrongful action unless new evidence relating to the claim is discovered that could not have been discovered through the exercise of due diligence before the denial of the prior claim.

(9) Notwithstanding any other law to the contrary, a court shall not deny a post-conviction claim that is unrelated to wrongful action because it was not brought with a claim pursuant to this section.

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1902, § 1, effective June 2.