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)?

By Leventhal, John M. | Albany Law Review, Spring 2013 | Go to article overview

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                                          DNA testing if, among other                                         things, convicted of a felony                                            and the identity of the                                        perpetrator must have been, or                                          should have been, an issue. … 

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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)?
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