Colorado § 16-12-312 - Evidentiary hearing on post-conviction petition for relief - procedures - standards - material to the case described.

§ 16-12-312. Evidentiary hearing on post-conviction petition for relief - procedures - standards - material to the case described.

(1) If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that wrongful action was material to the defendant's case, the court shall decide the claim upon the merits after an evidentiary hearing.

(2) Upon the request of a party, the court may grant additional discretionary disclosures to effectuate fair preparation and presentation of evidence by the opposing party. In case of late or incomplete disclosure, the court has the discretion to enter orders to cure or remedy a violation of any deadlines or other discovery requirements.

(3) At the evidentiary hearing, the defendant has the burden to show, by a preponderance of the evidence, that:

(a) A crime laboratory employee engaged in a wrongful action; and

(b) The crime laboratory employee's conduct described in subsection (3)(a) of this section is material to the case.

(4) (a) If the defendant fails to meet their burden pursuant to subsection (3) of this section, the court shall dismiss the claim.

(b) If the defendant meets their burden pursuant to subsection (3) of this section, the court shall vacate the conviction and grant a new trial.

(5) (a) For the purposes of this section, wrongful action is material to the case if, when considered in the totality of the case:

(I) The evidence tested by the crime laboratory employee or the results of testing or testimony of the crime laboratory employee is significant and important evidence in the case;

(II) (A) A fact or inference in favor of guilt that resulted from testing or testimony about evidence tested by the crime laboratory employee was not also established by independent, reliable evidence; or

(B) A fact or inference in favor of innocence based upon any testing or testimony about evidence tested by the crime laboratory employee was not known or presented prior to the conviction and could be presented at a new trial; and

(III) There is a reasonable probability that, but for the wrongful action, the results of the proceeding would have been different, which is satisfied when there is evidence sufficient to undermine confidence in the verdict or guilty plea.

(b) As long as the requirements of subsection (5)(a) of this section are satisfied, wrongful action may be material to the case if the wrongful action significantly impeaches or casts doubt upon the accuracy of physical evidence testing, the presentation of test results, testimony about the testing or physical evidence by a crime laboratory employee or other witness.

(6) A ruling granting or denying a new trial after an evidentiary hearing is a final appealable order.

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1904, § 1, effective June 2.

ARTICLE 13

Special Proceedings

PART 1

SENTENCING OF HABITUAL CRIMINALS

16-13-101 to

16-13-103. (Repealed)

PART 2

PAROLE BOARD DUTIES REGARDING SEX OFFENDERS

16-13-201. Short title. (Repealed)

16-13-201.5. Applicability of part. (Repealed)

16-13-202. Definitions. (Repealed)

16-13-203. Indeterminate commitment. (Repealed)

16-13-204. Requirements before acceptance of a plea of guilty. (Repealed)

16-13-205. Commencement of proceedings. (Repealed)

16-13-206. Defendant to be advised of rights. (Repealed)

16-13-207. Psychiatric examination and report. (Repealed)

16-13-208. Report of probation department. (Repealed)

16-13-209. Termination of proceedings. (Repealed)

16-13-210. Evidentiary hearing. (Repealed)

16-13-211. Findings of fact and conclusions of law. (Repealed)

16-13-212. Appeal. (Repealed)

16-13-213. Time allowed on sentence. (Repealed)

16-13-214. Costs. (Repealed)

16-13-215. Diagnostic center as receiving center. (Repealed)

16-13-216. Powers and duties of the board.

PART 3

ABATEMENT OF PUBLIC NUISANCE

16-13-301. Definitions.

16-13-302. Public nuisances - policy.

16-13-303. Class 1 public nuisance.

16-13-304. Class 2 public nuisance.

16-13-305. Class 3 public nuisance.

16-13-306. Class 4 public nuisance.

16-13-306.5. Limitations on receipt of forfeiture payments from federal agencies.

16-13-307. Jurisdiction - venue - parties - process.

16-13-308. Temporary restraining order - preliminary injunction - when to issue.

16-13-309. Judgment - relief.

16-13-310. Redelivery of seized premises.

16-13-311. Disposition of seized personal property.

16-13-312. Violation of injunction.

16-13-313. Fees - costs and fines - lien and collection.

16-13-314. Disposition of forfeited real property.

16-13-315. Seizure of personal property.

16-13-316. Prior liens not subject to forfeiture - vesting of title.

16-13-317. Reporting of proceeds. (Repealed)

16-13-318. Forfeiture defense counsel - fund - definitions.

PART 4

PRESERVATION OF THE PEACE

16-13-401. (Repealed)

PART 5

COLORADO CONTRABAND FORFEITURE ACT

16-13-501. Short title.

16-13-501.5. Legislative declaration.

16-13-502. Definitions.

16-13-503. Subject acts.

16-13-504. Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions.

16-13-504.5. Limitations on receipt of forfeiture payments from federal agencies.

16-13-505. Forfeiture proceedings.

16-13-506. Final order - disposition of property.

16-13-507. Disposition of contraband article or property.

16-13-508. Forfeitures.

16-13-509. Evidentiary presumption.

16-13-510. Money placed in account.

16-13-511. Severability.

PART 6

RECEIPT OF FEDERALLY FORFEITED PROPERTY

16-13-601. Receipt of federally forfeited property.

PART 7

REPORTING AND DISPOSITION OF FORFEITED PROPERTY

16-13-701. Reports related to seizures and forfeitures - legislative declaration - definitions.

16-13-702. Disposition of forfeited property.

PART 8

LIFETIME SUPERVISION OF SEX OFFENDERS

16-13-801 to

16-13-812. (Repealed)

PART 9

COMMUNITY NOTIFICATION CONCERNING SEXUALLY VIOLENT PREDATORS

16-13-901. Legislative declaration.

16-13-902. Definitions.

16-13-903. Sexually violent predator subject to community notification - determination - implementation.

16-13-904. Sex offender management board - duties.

16-13-905. Local law enforcement - duties - immunity.

16-13-906. Division of criminal justice - technical assistance team.

PART 10

RESENTENCING HEARING FOR JUVENILE OFFENDERS SERVING LIFE SENTENCES

16-13-1001. Legislative declaration.

16-13-1002. Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer.

PART 1

SENTENCING OF HABITUAL CRIMINALS

16-13-101 to 16-13-103. (Repealed)

Source: L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.

Editor's note: (1) This part 1 was numbered as article 13 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 1 was subsequently repealed in 2002. For amendments to this part 1 prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this part 1 were relocated to part 8 of article 1.3 of title 18. For the location of specific provisions, see the editor's notes following each section in said part 8 and the comparative tables located in the back of the index.

(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note before the article 1 heading.

Cross references: For the legislative declaration contained in the 2002 act repealing this part 1, see section 1 of chapter 318, Session Laws of Colorado 2002.

PART 2

PAROLE BOARD DUTIES REGARDING SEX OFFENDERS