78B-9-102. Replacement of prior remedies.
| (1) |
Terms Used In Utah Code 78B-9-102- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Conviction: A judgement of guilt against a criminal defendant.
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
| (a) |
This chapter establishes the sole remedy for any person who challenges a conviction or sentence for a criminal offense and who has exhausted all other legal remedies, including a direct appeal except as provided in Subsection (2). This chapter replaces all prior remedies for review, including extraordinary or common law writs. Proceedings under this chapter are civil and are governed by the rules of civil procedure. Procedural provisions for filing and commencement of a petition are found in Rule 65C, Utah Rules of Civil Procedure. |
| (b) |
A court may not enter an order to withdraw, modify, vacate or otherwise set aside a plea unless it is in conformity with this chapter or Section 77-13-6. |
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| (2) |
This chapter does not apply to:
| (a) |
habeas corpus petitions that do not challenge a conviction or sentence for a criminal offense; |
| (b) |
motions to correct a sentence pursuant to Rule 22(e), Utah Rules of Criminal Procedure; or |
| (c) |
actions taken by the Board of Pardons and Parole. |
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Amended by Chapter 450, 2017 General Session
