15 §2126. Exhaustion

Title 15: COURT PROCEDURE -- CRIMINAL

Part 4: JUDGMENT AND PROCEEDINGS

Chapter 305-A: POST-CONVICTION REVIEW

§2126. Exhaustion

A person under restraint or impediment specified in section 2124 must also demonstrate that he has previously exhausted remedies incidental to proceedings in the trial court, on appeal or administrative remedies. A person who has taken an appeal from a judgment of conviction or a juvenile adjudication is not precluded from utilizing the remedy of this chapter while the appeal is pending, provided that the post-conviction review proceeding is automatically stayed pending resolution of the appeal unless the Appellate Court on motion and for good cause otherwise directs. [1985, c. 556, §2 (AMD).]

SECTION HISTORY

1979, c. 701, §15 (NEW). 1981, c. 238, §3 (AMD). 1985, c. 556, §2 (AMD).