A post conviction relief petition can be commenced after a person has been convicted of a crime. Generally speaking, a post conviction relief petition is an extraordinary remedy and is only utilized in special circumstances and only in criminal matters. A post conviction relief procedure is governed by Minnesota Statute § 590.01, et. al.
A post conviction relief petition can only be brought after a direct appeal has been completed and may not be based on grounds that could have been raised on direct appeal of the conviction or sentence. A post conviction relief petition should allege the existence of newly discovered evidence, including scientific evidence, that could not have been ascertained by the exercise of due diligence by the petitioner or petitioner's attorney within the two-year time period for filing a post conviction relief petition, and the evidence is not cumulative to evidence presented at trial, and is not for impeachment purposes, and establishes by a clear and convincing standard that the petitioner is innocent of the offense or offenses for which the petitioner was convicted.
