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1999 SESSION

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HB 2298 Capital case bill of review.

Introduced by: James F. Almand | 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 as a civil proceeding to the circuit court which entered the order fixing the prisoner’s punishment at death, provided designated conditions are met. Service is to be upon the Attorney General and the Commonwealth’s attorney for the county or city in which the original case was tried. The Commonwealth’s attorney is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the Commonwealth’s attorney. The bill of review is to 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 probability of actual innocence. If a sufficient basis is found, the court is to hear the newly discovered evidence and such evidence as the Commonwealth may present in rebuttal. If the court finds a significant probability of innocence, an order is to be issued granting the bill of review. Any decision by the circuit court 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.


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