Idaho Code

Idaho Code § 19-4901 (2026)

Remedy — To whom available — Conditions.

✓ current as of May 2026

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Remedy — To whom available — Conditions.

(a) Any person who has been convicted of, or sentenced for, a crime and who claims:

(1) That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state;

(2) That the court was without jurisdiction to impose sentence;

(3) That the sentence exceeds the maximum authorized by law;

(4) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;

(5) That his sentence has expired, his probation, or conditional release was unlawfully revoked by the court in which he was convicted, or that he is otherwise unlawfully held in custody or other restraint;

(6) Subject to the provisions of section 19-4902(b) through (g), Idaho Code, that the petitioner is innocent of the offense; or

(7) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy: may institute, without paying a filing fee, a proceeding under this act to secure relief.

(b) This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of an appeal from the sentence or conviction. Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post-conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by affidavit, deposition or otherwise, that the asserted basis for relief raises a substantial doubt about the reliability of the finding of guilt and could not, in the exercise of due diligence, have been presented earlier. Except as otherwise provided in this act, it comprehends and takes the place of all other common law, statutory, or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.

Notes of Decisions

Cited in 356 cases (41 in the last 5 years), 1968–2026 · leading case: Stuart v. State, 801 P.2d 1216 (Idaho 1990).

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Stuart v. State, 801 P.2d 1216 (Idaho 1990). · cites it 28× “First, we note that under Idaho's Uniform Post-Conviction Procedure Act all post conviction relief actions must be brought pursuant to the statutory grounds set forth in I.C. § 19-4901. The statute specifically provides that "[a]ny issue which could have been raised on direct…”

Black v. State, 439 P.3d 1272 (Idaho Ct. App. 2019). · cites it 42× “Idaho Code § 19-4901 (b) does not precondition the forfeiture of a claim in post-conviction proceedings on a petitioner's knowledge or awareness of whether a claim could have been raised on direct appeal.”

Rhoades v. State, 220 P.3d 1066 (Idaho 2009). · cites it 10× “The state moved for summary dismissal of Rhoades’ claims on August 24, 2007, claiming that Rhoades’ claims were time-barred by I.”

Knutsen v. State, 163 P.3d 222 (Idaho Ct. App. 2007). · cites it 12× “Neuropsychological Evaluation Knutsen next argues that a neuropsychological evaluation, prepared after completion of the proceedings in his criminal ease, set forth evidence of material facts that require vacation of his sentence under I.C. § 19-4901(a)(4). The district court…”

Aragon v. State, 760 P.2d 1174 (Idaho 1988). · cites it 14× “Idaho Code § 19-4901 (b) now provides in pertinent part: Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by…”

Matthews v. State, 839 P.2d 1215 (Idaho 1992). · cites it 32× “" As is readily apparent from the text of I.C. § 19-4901, there is not even a hint of legislative intent that the statute could be retroactively applied, much less an express declaration to that effect.”

Murray v. State, 828 P.2d 1323 (Idaho Ct. App. 1992). · cites it 12× “This is an appeal from an order denying relief in a post-conviction proceeding brought under I.C. § 19-4901. The petitioner, Leon Murray, challenged the two, ten-year indeterminate and concurrent sentences he had received for aggravated assault on police officers, claiming…”

Parsons v. State, 745 P.2d 300 (Idaho Ct. App. 1987). · cites it 32× “Idaho Code § 19-4901 (a) governs the scope of post-conviction relief.”

State v. Beam, 766 P.2d 678 (Idaho 1988). · cites it 16× “First we note that the Idaho legislature has adopted the Uniform Post-Conviction Procedure Act which is found in Title 19, chapter 49, of the Idaho Code.”

State v. Wolfe, 582 P.2d 728 (Idaho 1978). · cites it 10× “If Wolfe wishes to bring out additional facts, the Uniform Post-Conviction Procedure Act (I.C. § 19-4901 et seq.) is available. Under this statute, affidavits and other records can be made available so that Wolfe's claims can be properly considered in light of the foregoing…”

Sarah Marie Johnson v. State, 395 P.3d 1246 (Idaho 2017). · cites it 12× “” I.C. § 19-4901(b); accord Rodgers v. State, 129 Idaho 720, 725 , 932 P.”

Hooley v. State, 537 P.3d 1267 (Idaho 2023). · cites it 23× “In Fields, the Court expressly acknowledged that the petitioner had not brought a claim based on newly discovered evidence: Idaho Code § 19-4901 (a)(4) provides a claim for post-conviction relief when “there exists evidence of material facts, not previously presented and heard,…”

Show all 356 citing cases →

— Idaho Code § 19-4901(1) — 3 cases

King v. State, 757 P.2d 705 (Idaho Ct. App. 1988).

Dionne v. State, 459 P.2d 1017 (Idaho 1969).

Jason Ryan McDermott v. State (Idaho Ct. App. 2015).

— Idaho Code § 19-4901(2) — 1 case

LaBarge v. State, 782 P.2d 59 (Idaho Ct. App. 1989).

— Idaho Code § 19-4901(3) — 1 case

King v. State, 456 P.2d 254 (Idaho 1969).

— Idaho Code § 19-4901(4) — 4 cases

Hooley v. State, 537 P.3d 1267 (Idaho 2023). “In Fields, the Court expressly acknowledged that the petitioner had not brought a claim based on newly discovered evidence: Idaho Code § 19-4901 (a)(4) provides a claim for post-conviction relief when “there exists evidence of material facts, not previously presented and heard,…”

Lundquist v. State (Idaho Ct. App. 2022).

Hooley v. State (Idaho 2023).

Jason Ryan McDermott v. State (Idaho Ct. App. 2012).

— Idaho Code § 19-4901(5) — 2 cases

Lundquist v. State (Idaho Ct. App. 2022).

Tucker v. State (Idaho Ct. App. 2026).

— Idaho Code § 19-4901(6) — 1 case

Walker v. State, 446 P.2d 886 (Idaho 1968).

— Idaho Code § 19-4901(a) — 27 cases

McKinney v. State, 992 P.2d 144 (Idaho 1999).

Thumm v. State, 447 P.3d 853 (Idaho 2019).

Parrott v. State, 787 P.2d 258 (Idaho 1990).

Bean v. State, 809 P.2d 493 (Idaho 1991).

Lee v. State, 832 P.2d 1131 (Idaho 1992).

— Idaho Code § 19-4901(a)(1) — 22 cases

Palmer v. Dermitt, 635 P.2d 955 (Idaho 1981).

Thumm v. State, 447 P.3d 853 (Idaho 2019).

Matthews v. State, 839 P.2d 1215 (Idaho 1992). “" As is readily apparent from the text of I.C. § 19-4901, there is not even a hint of legislative intent that the statute could be retroactively applied, much less an express declaration to that effect.”

State v. Beam, 766 P.2d 678 (Idaho 1988). “First we note that the Idaho legislature has adopted the Uniform Post-Conviction Procedure Act which is found in Title 19, chapter 49, of the Idaho Code.”

State v. Hooley, 460 P.3d 341 (Idaho 2020).

— Idaho Code § 19-4901(a)(3) — 2 cases

State v. Pizzuto, 518 P.3d 796 (Idaho 2022).

Lake v. Newcomb, 90 P.3d 1272 (Idaho Ct. App. 2004).

— Idaho Code § 19-4901(a)(4) — 49 cases

Knutsen v. State, 163 P.3d 222 (Idaho Ct. App. 2007). “Neuropsychological Evaluation Knutsen next argues that a neuropsychological evaluation, prepared after completion of the proceedings in his criminal ease, set forth evidence of material facts that require vacation of his sentence under I.C. § 19-4901(a)(4). The district court…”

Whiteley v. State, 955 P.2d 1102 (Idaho 1998).

Paradis v. State, 716 P.2d 1306 (Idaho 1986).

Bean v. State, 809 P.2d 506 (Idaho Ct. App. 1990).

— Idaho Code § 19-4901(a)(5) — 2 cases

Lake v. State, 882 P.2d 988 (Idaho Ct. App. 1994).

Lundquist v. State (Idaho Ct. App. 2022).

— Idaho Code § 19-4901(a)(6) — 6 cases

Fields v. State, 253 P.3d 692 (Idaho 2011).

Cuc Phuoc Ho v. State (Idaho Ct. App. 2017).

Hooley v. State (Idaho 2023).

— Idaho Code § 19-4901(a)(l) — 5 cases

Abbott v. State, 924 P.2d 1225 (Idaho Ct. App. 1996).

Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012).

Rodriguez v. State, 830 P.2d 531 (Idaho Ct. App. 1992).

Gregory Joseph Nelson v. State, 340 P.3d 1163 (Idaho Ct. App. 2014).

— Idaho Code § 19-4901(b) — 142 cases

Black v. State, 439 P.3d 1272 (Idaho Ct. App. 2019). “Idaho Code § 19-4901 (b) does not precondition the forfeiture of a claim in post-conviction proceedings on a petitioner's knowledge or awareness of whether a claim could have been raised on direct appeal.”

Stuart v. State, 801 P.2d 1216 (Idaho 1990). “First, we note that under Idaho's Uniform Post-Conviction Procedure Act all post conviction relief actions must be brought pursuant to the statutory grounds set forth in I.C. § 19-4901. The statute specifically provides that "[a]ny issue which could have been raised on direct…”

Aragon v. State, 760 P.2d 1174 (Idaho 1988). “Idaho Code § 19-4901 (b) now provides in pertinent part: Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by…”

Sarah Marie Johnson v. State, 395 P.3d 1246 (Idaho 2017). “” I.C. § 19-4901(b); accord Rodgers v. State, 129 Idaho 720, 725 , 932 P.”

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