TITLE FOUR — SENTENCING
Rule 30. Postconviction Relief
Unlawful Restraint. Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release the person or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of the Constitution of the State of Ridgeway or the laws of the State of Ridgeway.
New Trial. The trial judge upon motion in writing may grant a new trial at any time if it appears that justice may not have been done. Upon the motion the trial judge shall make such findings of fact as are necessary to resolve the defendant’s allegations of error of law.
Grounds. A motion under Rule 30(1) or Rule 30(2) may be founded upon any of the following, among others:
That the conviction was obtained in violation of the Constitution of the State of Ridgeway or the laws of the State of Ridgeway;
That the court was without jurisdiction to enter the conviction or to impose the sentence;
That the sentence is illegal within the meaning of Rule 29(2), or otherwise exceeds the maximum authorized by law;
That evidence material to the defense was withheld from the defendant;
That evidence has been newly discovered which was unavailable at trial through no lack of diligence and which casts real doubt upon the justice of the conviction;
That the defendant was denied the effective assistance of counsel;
That a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts was not made voluntarily or with an understanding of the nature of the charge and the consequences of the plea; or
That a material witness has recanted, or that the evidence relied upon at trial has been shown to be false; or
That the conviction was entered upon a trial held in the defendant’s absence and a requirement of 6 R. Stat. § 131.501(c), (d), (e), or (f), or of Rules 18.1 through 18.4, was not satisfied.
Relation to Rule 18.5. A judgment rendered against an absent defendant is subject to post-conviction review under this rule to the same extent as any other judgment, as 6 R. Stat. § 131.501(g) provides. Neither a waiver of presence nor a failure to appear bars a motion under this rule. Relief under this rule is available whether or not a motion under Rule 18.5 was made, and the expiration of the period prescribed by Rule 18.5(2) does not bar a motion under this rule.
Form and Contents of the Motion. A motion under this rule shall be in writing; shall be filed and served as Rule 32 provides in the criminal case in which the conviction was entered; and shall state:
The username of the moving party;
The case number, and the Bates number of the filing in which the judgment and sentence were entered;
The conviction and the sentence attacked;
Each ground for relief, stated with particularity, and the facts supporting each ground;
Whether the ground was raised at trial, upon direct appeal, or in a prior motion under this rule, and if not, why it was not; and
The relief requested.
Post Conviction Procedure.
Service and Notice. The moving party shall name in the motion the office of the prosecutor who represented the State in the trial court. Service is effected upon the clerk’s acceptance of the filing, as Rule 32 provides. Where that office is not a participant in the case as the electronic filing system records participants, the moving party shall so state, and the clerk shall cause notice of the motion to be given to that office.
Waiver. All grounds for relief claimed by a defendant under Rule 30(1) and Rule 30(2) shall be raised by the defendant in the original or amended motion. Any grounds not so raised are waived unless the judge in the exercise of discretion permits them to be raised in a subsequent motion, or unless such grounds could not reasonably have been raised in the original or amended motion.
Response. Within seven (7) days after service of the motion, the State may file a response and affidavits in opposition. The court may shorten or enlarge that period as Rule 46(2) provides.
Affidavits. Moving parties shall file affidavits, and parties opposing a motion may file affidavits, where appropriate in support of their respective positions. The judge may rule on the issue or issues presented by such a motion on the basis of the facts alleged in the affidavits without further hearing if no substantial issue is raised by the motion or the affidavits.
Discovery. Where the affidavits filed by the moving party under Rule 30(5)(d) establish a prima facie case for relief, the judge on motion of any party, after notice to the opposing party and an opportunity to be heard, may authorize such discovery as is deemed appropriate, subject to such protective order as the court may enter. A protective order entered under this subdivision commands the persons it names and does not operate upon any filing, document, or entry in the record.
Counsel. The judge in the exercise of discretion may assign or appoint counsel in accordance with the provisions of these rules to represent a defendant in the preparation and presentation of motions filed under Rule 30(1) and Rule 30(2). Representation shall be provided as 3 R. Stat. § 161.202(b) requires in a post-conviction proceeding in which the defendant has a right to an attorney. The court, after notice to the State and an opportunity to be heard, may also exercise discretion to allow the defendant costs associated with the preparation and presentation of a motion under this rule.
Hearing. Where a substantial issue is raised, the judge shall hold a hearing in open court or in the proceeding communications of the case, maintained upon the record. The moving party shall be afforded an opportunity to be present and to be heard.
Findings; Order. The judge shall enter a written order stating the findings of fact necessary to resolve each allegation of error of law and the disposition of each ground raised.
Relief. Upon granting a motion under this rule the court may vacate the conviction, vacate the sentence and resentence the defendant, correct the sentence, order a new trial, discharge the defendant from restraint, or grant such other relief as justice requires. Where the court vacates a conviction and the State does not proceed further, the defendant may seek expungement of the record under Title Five of these rules.
Custody Pending Appeal.
If an appeal is taken from an order under this rule, the defendant shall not be discharged from custody pending final decision upon the appeal.
No bail or bond shall be set, and no bond hearing or bail hearing shall be held, as 6 R. Stat. § 131.205 forbids. The judge may stay the execution of the sentence as Rule 31 provides, and upon allowing a stay may make an order relative to the custody of the defendant.
If a final order in an appeal or application taken by the State grants relief other than a discharge from custody, the trial court or the court in which the appeal is pending may, upon application by the State, in its discretion, and upon such conditions as it deems just, stay the execution of the order pending final determination of the matter.
Relation to Other Remedies.
This rule does not displace the writ of habeas corpus. A person may at any time file a writ of habeas corpus to challenge an arrest against that person, as 7 R. Stat. § 133.001 provides; the writ is directed to the person who made the arrest in an official capacity, as 7 R. Stat. § 133.002 provides; it is filed in the Superior Court, as 7 R. Stat. § 133.004 and Const. art. V, § 4 provide; and the petitioner shall serve the respondent and the Solicitor General with a copy of the petition upon filing, as 7 R. Stat. § 133.003 requires. A writ of habeas corpus is a civil proceeding governed by the Ridgeway Rules of Civil Procedure.