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2010 SESSION

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HB 184 Petition to vacate finding of guilt of convicted person; upon discovery of new evidence.

Introduced by: Joseph D. Morrissey | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Petition to vacate finding of guilt of convicted person.  Provides that notwithstanding any rule of court or any other provision of law, any person convicted of a crime may, upon the discovery of previously unknown or unavailable evidence, petition jointly with the attorney for the Commonwealth in the district court or circuit court in which he was convicted to vacate the judgment of guilt. Upon such petition, the court shall conduct an evidentiary hearing and, upon clear and convincing proof of all of the allegations in the petition and upon finding that no rational trier of fact could have found proof of guilt beyond a reasonable doubt, vacate the judgment of guilt and order the person's record expunged. Or, if the petition fails to state a claim, or if the assertions of previously unknown or unavailable evidence, even if true, would fail to qualify for relief, the court may dismiss the petition summarily, without a hearing.


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