19-4908. WAIVER OF OR FAILURE TO ASSERT CLAIMS. All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.
History:
[19-4908, added 1967, ch. 25, sec. 8, p. 42.]
Structure Idaho Code
Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT
Section 19-4901 - REMEDY — TO WHOM AVAILABLE — CONDITIONS.
Section 19-4902 - COMMENCEMENT OF PROCEEDINGS — VERIFICATION — FILING — SERVICE — DNA TESTING.
Section 19-4903 - APPLICATION — CONTENTS.
Section 19-4904 - INABILITY TO PAY COSTS.
Section 19-4905 - COSTS OF STATE.
Section 19-4906 - PLEADINGS AND JUDGMENT ON PLEADINGS.
Section 19-4907 - HEARING — EVIDENCE — ORDER — PRESENCE OF APPLICANT.
Section 19-4908 - WAIVER OF OR FAILURE TO ASSERT CLAIMS.