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2012 SESSION
HB 1278 Writ of actual innocence; person convicted of felony may petition Supreme Court.
Introduced by: Joseph D. Morrissey | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
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.
FULL TEXT
HISTORY
- 01/20/12 House: Presented and ordered printed 12104223D
- 01/20/12 House: Referred to Committee for Courts of Justice
- 01/24/12 House: Assigned Courts sub: #1 Criminal
- 02/08/12 House: Subcommittee recommends laying on the table by voice vote
- 02/14/12 House: Left in Courts of Justice