|
SB 1201 - This act provides that a person in the custody of, or under the supervision of, the state may raise, and a court may decide, a freestanding claim of actual innocence in any postconviction proceeding challenging the validity of the judgment. Additionally, the court shall vacate or set aside the judgment where the court finds there is clear and convincing evidence that undermines confidence in the judgment. In considering the claim, the court shall take into consideration the evidence not presented to the original trier of fact, the evidence presented at the original trial or plea, and any evidence presented at any direct appeal or post-conviction proceedings, including state or federal habeas actions. MARY GRACE PRINGLE
|
