(1) No further postconviction review is available to the defendant after the time specified by supreme court rule for filing a petition for postconviction review has expired. Any claim or petition filed thereafter shall be deemed waived and shall be dismissed summarily unless the defendant establishes that:
The failure to raise the claim within the time limit was the direct result of interference by government officials with the presentation of the claim in a manner which violated the constitution or laws of the United States or Colorado; or
The facts upon which the claim are based were unknown to the defendant and couldnot have been ascertained by the exercise of due diligence; or
The right asserted by the defendant is a constitutional right that was recognized bythe supreme court of either the United States or Colorado after the time limits specified by supreme court rule for the filing of the petition for postconviction review had expired and the constitutional right applies retroactively.
(2) If the defendant files a motion for postconviction review raising any of the grounds specified in subsection (1) of this section, the motion shall be filed with the trial court within thirty-five days after the date upon which the grounds are discovered.
Source: L. 97: Entire part added, p. 1581, § 1, effective June 4. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 856, § 89, effective July 1.