The postconviction statutes provide a way to attack a conviction when a defendant claims a denial of a constitutional right that could void the defendant’s conviction. If the denial of the constitutional right is clear from the court files, transcript, and trial exhibits, the issue should be raised in your direct appeal and cannot be raised in a postconviction petition. Postconviction claims are based solely on evidence not found in the record. An example of a postconviction claim would be that your attorney did not present evidence or a witness which could have proved that you were innocent.
To get postconviction relief, you must have the evidence to prove the claimed constitutional violations. You must provide evidence, usually in the form of affidavits, showing that you are entitled to postconviction relief. The trial judge will not order a hearing unless the postconviction petition, the supporting affidavits, and the court file and records demonstrate substantial grounds for relief.