Writ of actual innocence; person convicted of felony may petition Supreme Court. (HB1278)

Introduced By

Sen. Joe Morrissey (D-Richmond)

Description

Petitions for writs of actual innocence.  Provides that for petitions for writs of actual innocence in the case of both biological and nonbiological evidence, each may be brought for any felony and upon any plea. The bill also provides that, for both writs, the petitioner shall allege that the new evidence (had it been available at trial) would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed. Read the Bill »

Outcome

History