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2013 SESSION

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SB 840 Fraud; court may vacate judgment of criminal conviction or adjudication of person.

Introduced by: Mamie E. Locke | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the Code or any rule of court to the contrary, a person convicted of a felony or a juvenile found delinquent of an offense that would be a felony if committed by an adult may, with the consent of the attorney for the Commonwealth, at any time after his conviction or adjudication petition the proper court in the jurisdiction where the conviction or adjudication was obtained for an order vacating the conviction or adjudication on the basis of material fraud upon the court or perjured testimony. Upon hearing on the petition, the court may vacate the judgment of the criminal conviction or adjudication if it finds by clear and convincing evidence that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony. The bill incorporates SB 836.


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