PREREQUISITES TO AN ADJUDICATION ON THE MERITS

A petitioner must satisfy the following five statutory prerequisites to permit an adjudication on the merits by the assigned court: (1) Restraint or impediment under 15 M.R.S. § 2124; (2) Prior exhaustion of remedies incidental to the proceedings in the trial court, or on appeal, or through administrative remedies as required by 15 M.R.S. § 2126; (3) Absence of waiver of grounds for relief under 15 M.R.S. § 2128 except as exempted under 15 M.R.S. § 2128-A; (4) Timely filing of the petition under 15 M.R.S. § 2128-B; and (5) The stating of a ground upon which post-conviction relief can be granted under 15 M.R.S. § 2125.