(1) A person is not eligible for relief under this chapter upon any ground that:

1. (a) may still be raised on direct appeal or by a post-trial motion;
2. (b) was raised or addressed at trial or on appeal;
3. (c) could have been but was not raised at trial or on appeal;
4. (d) was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for post-conviction relief; or
5. (e) is barred by the limitation period established in Section 78B-9-107.

(2)

1. (a) The state may raise any of the procedural bars or time bar at any time, including during the state's appeal from an order granting post-conviction relief, unless the court determines that the state should have raised the time bar or procedural bar at an earlier time.
2. (b) Any court may raise a procedural bar or time bar on its own motion, provided that it gives the parties notice and an opportunity to be heard.

(3)

1. (a) Notwithstanding Subsection (1)(c), a person may be eligible for relief on a basis that the ground could have been but was not raised at trial or on appeal, if the failure to raise that ground was due to ineffective assistance of counsel; or
2. (b) Notwithstanding Subsections (1)(c) and (1)(d), a person may be eligible for relief on a basis that the ground could have been but was not raised at trial, on appeal, or in a previous request for post-conviction relief, if the failure to raise that ground was due to force, fraud, or coercion as defined in Section 76-5-308.