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2001 SESSION

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SB 1134 Capital case bill of review.

Introduced by: Henry L. Marsh III | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Capital case bill of review. Authorizes a prisoner under sentence of death or whose sentence of death has been commuted to life imprisonment by the Governor to present a capital case bill of review no more than once to the circuit court that entered the order fixing the prisoner’s punishment at death. The petition must contain certain allegations regarding newly discovered evidence. Service is to be upon the Attorney General and the attorney for the Commonwealth for the county or city in which the original case was tried. The attorney for the Commonwealth is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the attorney for the Commonwealth. The bill of review will be dismissed if the court finds that the conditions stipulated have not been met or that the evidence claimed to be newly discovered does not establish a significant likelihood of actual innocence. If the court finds a significant likelihood of innocence, the bill of review is to be granted. The decision of the circuit court to grant or deny the bill of review may be appealed by the prisoner or by the Commonwealth by filing a petition for appeal to the Supreme Court within 30 days of the circuit court’s decision. If the granting of the bill of review is affirmed on appeal (or not appealed) the circuit court must proceed to order appropriate relief which may include vacating the conviction or ordering a new trial or sentencing proceeding.


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