Under Indiana's Post-Conviction Relief statute, any person may, at any time, commence an action for post-conviction relief if that person has been convicted or sentenced for a crime in the State of Indiana. To assert a claim for post-conviction relief, a person must and prove by a preponderance of the evidence, one of the following grounds: 

(1)  that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of Indiana; 

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

(3) that the sentence exceeds the maximum authorized by law, or is otherwise erroneous;  

(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, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint or

(6) 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;