(1.5) An application for postconviction review in a class 1 felony case where a sentence of death has been imposed shall be limited to claims of newly discovered evidence and ineffective assistance of counsel; except that, for any sentence of death imposed on or after the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by part 2 of article 12 of title 16, C.R.S., any application for postconviction review in such case shall be governed by the provisions of part 2 of article 12 of title 16, C.R.S.
Source: L. 71: R&RE, p. 402, § 1. C.R.S. 1963: § 40-1-510. L. 73: p. 533, § 2. L. 75: (1)(f) amended, p. 211, § 28, effective July 16. L. 94: IP(1) and (2) amended and (1.5) and (3) added, p. 1474, § 2, effective July 1. L. 97: (1.5) and (3) amended, p. 1583, § 5, effective June 4.
Cross references: For limitations on collateral attacks, see § 16-5-402; for similar provisions concerning postconviction remedies, see Crim. P. 35.
Structure Colorado Code
Article 1 - Provisions Applicable to Offenses Generally
§ 18-1-402. Presumption of Innocence
§ 18-1-403. Legal Assistance and Supporting Services
§ 18-1-404. Preliminary Hearing or Waiver - Dispositional Hearing
§ 18-1-405. Speedy Trial - Definition - Repeal
§ 18-1-406. Right to Jury Trial
§ 18-1-407. Affirmative Defense
§ 18-1-408. Prosecution of Multiple Counts for Same Act
§ 18-1-409. Appellate Review of Sentence for a Felony
§ 18-1-410. Postconviction Remedy
§ 18-1-410.5. Relief From Improperly Entered Guilty Pleas - Legislative Declaration
§ 18-1-411. Postconviction Testing of Dna - Definitions
§ 18-1-412. Procedure for Application for Dna Testing - Appointment of Counsel
§ 18-1-413. Content of Application for Dna Testing
§ 18-1-414. Preservation of Evidence
§ 18-1-416. Results of the Dna Test
§ 18-1-417. Ineffective Assistance of Counsel Claims - Waiver of Confidentiality