A Survey of Federal and State Courts' Approaches to a Constitutional Right of Actual Innocence: Is There a Need for a State Constitutional Right in New York in the Aftermath of CPL (Section) 440.10(G-1)?
Leventhal, John M., Albany Law Review
APPENDIX Statute Code Nature Alabama ALA. R. Post-Conviction Remedy: R. CRIM. P. 32.1 32.1(e)(5): The facts must -- establish that the defendant ALA. Code is innocent of the crime for ([section]) which the defendant was 15-18-200(a) convicted or should not have (2013) received the sentence that the defendant received. -- DNA: Relief limited to those incarcerated for capital offense to prove factual innocence. Alaska ALASKA Newly Discovered Evidence: STAT. (b)(2)(D): Based on newly ([section]) discovered evidence and 12.72.020 establishes by clear and (2012) convincing evidence that the -- applicant is innocent. ALASKA -- STAT. ([section]) DNA: Court will grant 12.73.010 post-conviction DNA testing (2012) if, among other things, the defendant is convicted of a felony, the defendant did not concede guilt, and the testing may produce new material evidence which would raise a reasonable probability that the applicant did not commit the offense. Arizona ARIZ. R. Actual Innocence: clear and CRIM. P. convincing evidence standard 32.1(h) that no reasonable fact finder -- would find defendant guilt ARIZ. REV. beyond a reasonable doubt. STAT. ANN. -- ([section]) DNA: To access post-conviction 13-4240 DNA testing, defendant must be (2013) convicted of a felony and there is a reasonable probability that the test could prove defendant's innocence. Arkansas ARK. CODE. DNA: Actual Innocence via ANN. ([section] habeas, limited to DNA [section]) evidence where the identity of 16-112-201 the perpetrator must be at to--07 (2012) issue and there is a reasonable probability that the test could prove defendant's innocence. California CAL. PENAL Habeas: Relief only available CODE ([section]) if there is newly discovered 1405 (West 2013) evidence. -- DNA: Incarcerated defendant may move for post-conviction …
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Publication information: Article title: A Survey of Federal and State Courts' Approaches to a Constitutional Right of Actual Innocence: Is There a Need for a State Constitutional Right in New York in the Aftermath of CPL (Section) 440.10(G-1)?. Contributors: Leventhal, John M. - Author. Journal title: Albany Law Review. Volume: 76. Issue: 3 Publication date: Spring 2013. Page number: 1488+. © 1999 Albany Law School. COPYRIGHT 2013 Gale Group.