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Home / Opinion Digests / Criminal Law / Evidentiary hearing required for actual innocence claim (access required)

Evidentiary hearing required for actual innocence claim (access required)

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of “previously unknown and untested witness affidavits,” without giving him the opportunity to establish the truth. And, ...