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United States Federal Law: Justice for All Act of 2004

Reference

No statute

No statute*

Ariz. Rev. Stat. § 13-4240

Ark. Code Ann. §§ 16-112-201 to 16-112-208

Cal. Penal Code § 1405

Colo. Rev. Stat. Ann. §§ 18-1-411 to 416

Public Act No. 03-242 (not yet codified)

Del. Code Ann. 11 § 4504

Fla. Stat. Ann. §§ 925.11, 943.3251

Ga. Code Ann. § 5-5-41

No statute

Idaho Code §§ 19-4901, 19-4902

725 lll. Comp. Stat. Ann. 5/116-3

Ind. Code Ann. §§ 35-38-7-1 to 19

No statute

Kan. Stat. Ann. § 21-2512

Ky. Rev. Stat. Ann. §§ 422.285, 422.287

La. Code Crim. Proc. Arts. 926.1, 924

Me. Rev. Stat. Ann. 15 §§ 2136-2138

Md. Code Ann., Crim. Proc. § 8-201

No statute

Mich. Comp. Laws Ann. § 770.16

Minn. Stat. Ann. §§ 590.01 to 590.06

No Statute

Mo. Ann. Stat. §§ 547.035, 650.055

Mont. Code Ann. §§ 46-21-110, 53-1-214

Neb. Rev. Stat. §§ 29-4119 to 29-4122

Nev. Rev. Stat. § 176.0918

No statute

N.J. Stat. Ann. § 2A:84A-32a

N.M. Stat. Ann. § 31-1A-2

N.Y. Crim. Pro. § 440.30

N.C. Gen. Stat. § 15A-269

No statute

Ohio Rev. Code Ann. §§ 2953.71 - 2953.83

Okla. Stat. Ann. 22 §§ 1371 - 1371.2

Or. Rev. Stat. Tit. 14, Ch. 138, Prec. 138.005

Pa. Stat. Ann. 42 § 9543.1

R.I. Gen. Laws §§ 10-9.1-11 to 10-9.1-12

No statute

Tenn. Code Ann. §§ 40-30-301 to 40-30-313

Tex. Crim. Proc. Ann. §§ Art. 64.01 to 64.05

Utah Code Ann. §§ 78-35a-301 to 302

No statute

Va. Code Ann. § 19.2-327.1

Wash. Rev. Code Ann. § 10.73.170

W. Va. Code Ann. § 15-2B-14

Wis. Stat. Ann. §§ 974.07

No statute

Title IV: Innocence Protection Act of 2004. Codified at 18 USC § 3600

Who May Apply for

***

A person who was convicted of and

A person convicted of a crime. [Note that "the executive

A person who was convicted of a felony and is currently

An incarcerated person currently serving his

Any person who was convicted of a crime and sentenced

A person convicted of a crime.

A person who has been tried and found guilty of committing a

A person convicted of a "serious violent felony" (e.g., murder or felony

***

Any person who has been convicted of, or sentenced for,

A defendant.

A person convicted of and sentenced for

***

A person in state custody convicted for murder or

A person who was convicted of and sentenced to

A person in custody after sentence following conviction

A person convicted of a crime under the laws of this State

A person who is convicted of a violation of § 2-201

***

A defendant convicted of a felony at trial before

A person convicted of a crime (who claims actual innocence).

***

A person in custody of the Department of Corrections

A person convicted of a felony who is serving a term of

A person in custody pursuant to a judgment of a court

A person convicted of a crime and under sentence

***

Any person who was convicted of a crime and is currently

A person convicted of a felony who claims that DNA

A defendant.

***

An inmate is eligible to request DNA testing only if all of the following apply:

An indigent person convicted of, and presently incarcerated

A person who:

An individual convicted of a criminal offense in a court of this

Any person who was convicted of and sentenced for a

***

A person convicted of and sentenced for the commission

A convicted person.

A person convicted of a felony offense.

***

Any person convicted of a felony.

A person in this state who has been convicted of a

A person convicted of a felony currently serving a term of

A person convicted of a crime, adjudicated delinquent, or

***

An individual under sentence of imprisonment or

Post-Conviction

sentenced for a felony offense.

director and the State Crime Laboratory shall give

serving a term of imprisonment.

sentence ("incarcerated" is defined in § 18-1-411).

to incarceration.

crime and has been sentenced by a court.

murder, armed robbery, rape, kidnapping, aggravated child molestation,

a crime, and who claims, subject to the provisions of

murder or a class A, B, or C felony.

rape.

death for a capital offense.

for a felony.

that carries the potential punishment of imprisonment of

(murder in the first degree), § 2-204 (murder in the second

January 8, 2001, who is serving a prison sentence

(who claims actual innocence).

incarceration.

judgment of a court.

of death.

serving a term of imprisonment.

evidence will establish his innocence.

(1) The offense for which the inmate claims to be an eligible inmate is

on, any felony offense, who alleges a claim of entitlement to

(1) Is incarcerated in a Department of Corrections institution

Commonwealth and serving a term of imprisonment or awaiting

crime and who is currently serving an actual term of

of first degree murder, second degree murder, aggravated

A guardian of a convicted person may submit motions for the

felony and is currently serving a term of imprisonment

imprisonment.

found not guilty by reason of a mental disease or defect.

death pursuant to a conviction for a Federal offense.

DNA Testing?

priority to claims including: (1) the opportunity for

aggravated sodomy, aggravated sexual battery--see § 17-10-6.1).

§ 19-4902 (b) through (f), that the petitioner is innocent of

Note that the provision expires on Aug. 31, 2007, except

at least 20 years and for which the person is in actual

degree), § 2-207 (manslaughter), or §§ 3-303 through

for the felony conviction.

a felony that was committed prior to 10/29/03, and the inmate was

forensic testing for purposes of demonstrating factual

as a result of a conviction for aggravated murder or a

execution because of a sentence of death.

imprisonment and incarceration pursuant to that sentence.

rape, aggravated sexual battery or rape of a child, the

convicted person under this chapter and is entitled to counsel

and who has been denied postconviction DNA testing.

Notwithstanding any other provision of law, the right to file a motion

conclusive or near conclusive proof through scientific

the offense.

for defendants sentenced to death prior to the effective

execution of a sentence of imprisonment or is subject to

3-306 (rape and sexual offense in the first and second

convicted by a judge or jury of that offense.

innocence.

person felony as defined in the rules of the Oregon Criminal

attempted commission of any of these offenses, any lesser

otherwise provided to a convicted person under this chapter.

for post-conviction DNA testing is absolute and may not be waived.

evidence that the person is actually innocent; and

date of the Act. On or after Aug. 31, 2007, a petitioner

a subject of imprisonment that is to be served in the

degrees) of the Criminal Law Article.

(2) The inmate was sentenced to a prison term or a sentence of

Justice Commission; or

included offense of these offenses, or, at the direction of

This prohibition applies to, but is not limited to, a waiver that is

(2) a lengthy sentence of imprisonment or a death

may request DNA testing under the rules for filing an

future because another sentence must be served first.

death for the felony and, on 10/29/03, was in prison serving that

(2) Is not in custody but has been convicted of aggravated

the trial judge, any other offense.

given as part of an agreement resulting in a plea of guilty or nolo

sentence." This apparently pertains only to testing

application for post-conviction relief as provided in

prison term or under that sentence of death.

murder, murder or a sex crime as defined in ORS 181.594.

contendre.

performed by the state crime lab.]

Article 930.4 or 930.8 of this Code.

(3) On the date on which the application is filed, the inmate has at least

one year remaining on the prison term (or is under a sentence of death).

(4) The inmate did not plead guilty or no contest to the offense. [Those

who did plead guilty/no contest may only apply with the express approval

of the prosecuting attorney (see § 2953.83).]

When Can One Apply?

***

A person can apply at any time.

The statute creates a rebuttable presumption of timeliness for a request filed within 36 months; however, a person cannot apply when direct appeal is available.

The statute does not establish a time limitation.

The convict can apply at any time during the term of his incarceration.

The convict can apply except at a time when direct appellate review is available, and subject to the time
limitations set forth in this subsection…Any such motion
[for DNA testing] may not be filed more than 3 years
after the judgment of conviction is final.

A petition for postsentencing DNA testing may be filed or considered:
(1) Within 4 years following the date that the judgment and sentence in the
case become final if no direct appeal is taken, within 4 years following
the date that the conviction is affirmed on direct appeal if direct appeal
is taken, within 4 years following the date that collateral counsel is
appointed or retained subsequent to the conviction being affirmed on direct
appeal in a capital case, or by October 1, 2005, whichever occurs later; or
(2) At any time if the facts on which the petition is predicated were unknown
to the petitioner or the petitioner's attorney and could not have been
ascertained by the exercise of due diligence.

The statute does not establish a time limitation for testing;
(however, note §§ 5-5-41 (a) and (b), which require that a good or
extraordinary reason be shown for a motion for a new trial made
more than 30 days after the entry of judgment in the criminal trial).

***

The petition must be filed by July 1, 2002, or within one year after the filing of the judgment of conviction, whichever is later.

The statute does not establish a time limitation.

***

The convict can petition at any time after conviction.

The convict can petition at any time [however, the court wil dismiss the petition if it finds that the application was not timely filed].

The court will dismiss the petition if it finds that the application was not timely filed.
Note that the provision expires on Aug. 31, 2007, except
for defendants sentenced to death prior to the effective
date of the Act. On or after Aug. 31, 2007, a petitioner
may request DNA testing under the rules for filing an
application for post-conviction relief as provided in
Article 930.4 or 930.8 of this Code.
-------
Note that the provision expires on Aug. 31, 2007, except
for defendants sentenced to death prior to the effective
date of the Act. On or after Aug. 31, 2007, a petitioner
may request DNA testing under the rules for filing an
application for post-conviction relief as provided in
Article 930.4 or 930.8 of this Code

The statute does not establish a time limitation.
-------
Note that a person who has taken a direct appeal from a
judgment of conviction or has initiated a collateral attack
upon the judgment of conviction under chapter 305-A is
not precluded from using the post-conviction DNA
analysis remedy, when certain conditions are met (See
§ 2138 subsection 12).

The statute does not establish a time limitation.

***

The petition shall be filed not later than Jan. 1, 2006.

The statute does not establish a time limitation.

***

The statute does not establish a time limitation.

A person can apply at any time after conviction.

The statute does not establish a time limitation.

***

The statute does not establish a time limitation.

The statute is effective until July 1, 2006, at which time it is subject to a delayed repeal.

The motion may be made at any time after the entry of a judgment (see §§ 440.10 and 440.20).

The statute does not establish a time limitation.

***

The eligible inmate shall submit the application to the court of common pleas not later than 10/29/04. No court of common pleas shall accept an application under this section after the expiration of the period of time specified in this division.

The Oklahoma Indigent Defense System DNA Forensic Testing Program is effective until July 1, 2005.

A motion requesting the performance of DNA testing under this section must be filed no later than Jan. 1, 2006.

The statute does not establish a time limitation, but § 9543(b) requires that the motion be made in a timely manner.

A person may file a petition at any time.

***

A person may file a petition at any time.

The statute does not establish a time limitation.

A person may file a petition at any time.

***

The statute does not limit the time in which a convict must file a petition for post-conviction DNA testing. However, as part of the petition, the convict must assert that he did not unreasonably delay the filing of the petition after the evidence or the new testing method became available.

On or before Dec. 31, 2004, a person may submit a request to the state Office of Public Defense. On and after Jan. 1,
2005, a person must raise the DNA issues at trial or on
appeal.

The statute does not establish a time limitation.

A person can apply at any time.

***

The motion must be made in a timely fashion. There shall be a rebuttable presumption of timeliness if the motion is made within 60 months of the enactment of the Act or within 36
months of conviction, whichever comes later. Such presumption may be rebutted upon a
showing that the motion is based solely on information used in a previously denied motion,
or of clear and convincing evidence that the filing is done solely to cause delay or harass.
There shall be a rebuttable presumption against timeliness for any motion not satisfying
the above time restrictions. Such presumption may be rebutted upon the court's finding:
(i) that the applicant was or is incompetent, leading to a delay in filing the motion; (ii) that the
evidence to be tested is newly discovered; (iii) that a denial of the motion would result in a
manifest injustice; or (iv) upon a showing of good cause.

In What Court Does

***

Not specified in the statute; however, general petitions

The court in which the conviction was entered.

The trial court that entered the judgment of conviction.

The district court in the district where the conviction

The sentencing court.

The court that entered the judgment of conviction.

***

The trial court that entered the judgment of conviction.

***

The trial court that entered the judgment of conviction.

The court that sentenced the petitioner for the offense.

***

The court that entered the judgment.

***

Proceedings for post-conviction review are filed in the

***

The circuit court for the county in which the

The district court that entered the judgment of conviction.

***

The sentencing court.

The court that entered the judgment of conviction.

The court that entered the judgment.

The district court for the county in which the petitioner

***

The trial court that entered the judgment of conviction.

The district court of the judicial district in which the

The statute does not specify a court.

The trial court that entered the judgment of conviction.

***

The court of common pleas that sentenced the inmate for the offense for

Not Applicable: a DNA Forensic Testing Program within the

The circuit court in which the judgment of conviction was

The sentencing court.

The superior court.

***

The convicting court.

The trial court that entered the judgment of conviction.

***

The circuit court that entered the original conviction.

Not Applicable: A person submits the request to the state

The trial court that entered the judgment of conviction.

The court in which the person was convicted, adjudicated

***

The court that entered the judgment of conviction.

One Apply?

for post-conviction relief are filed in the court in which

was secured.

Superior Court in the county in which the criminal

defendant was sentenced.

was convicted.

person was convicted.

which the inmate is an eligible inmate and is requesting DNA testing.

Oklahoma Indigent Defense System investigates and screens

entered.

Office of Public Defense, which will transmit the request to

delinquent, or found not guilty by reason of a mental

the conviction occurred (see §13-4234).

judgment was entered (See § 2129).

the felons' claims that scientific evidence will exonerate them.

the county prosecutor in the county where the conviction

disease or defect.

was obtained.

What Contents Must

***

A person may commence a proceeding to secure

The motion shall be verified by the convicted person under

A motion shall include specific facts sufficient

The petitioner shall state under penalties of perjury that

Although not explicitly stated in the statute, certain

The petition for postsentencing DNA testing must be made under oath by the

The motion shall be verified by the petitioner and shall show or provide

***

The petitioner must present a prima facie case that:

[See Review Criteria Below]

***

An application shall comply with the provisions of Article

***

A person who makes a motion for forensic testing must

***

The motion must allege facts under oath demonstrating:

The petition must include the petitioner's statement that the

***

The petition must include, without limitation, the date

***

The motion shall be verified by the convicted person under

As a condition to the district court's acceptance of his

If the motion is based upon the existence or occurrence of

***

The application is on a form prescribed by the attorney general. The

The System's services shall be available only upon the

The motion for DNA testing must be supported by an affidavit that:

In any motion, under penalty of perjury, the applicant shall:

A person filing a petition under this section must certify

***

A person must assert his actual innocence under oath and

***

The petitioner shall assert categorically and with specificity,

The state Office of Public Defense will transmit the request

The motion shall be verified by the convicted person under penalty of

***

[See Review Criteria Below]

the Application

relief by filing a petition, if the person claims that:

penalty of perjury and shall do all of the following:

to support a prima facie showing that post-

the requested testing is related to the investigation or

provisions indicate that the petitioner must claim that

sentenced defendant and must include the following:

the following:

(1) Identity was an issue in the trial which resulted in his or

926 of this Code and shall allege all of the following:

present a prima facie case that:

(1) The evidentiary criteria have been met;

petitioner was not the perpetrator of the felony that resulted in

scheduled for the execution, if it has been scheduled.

penalty of perjury and shall do all of the following:

petition, the petitioner shall:

facts, the motion papers must contain sworn allegations

eligible inmate shall specify on the application the offense or offenses for

submission of an affidavit of indigency to the System signed

(1) (a) For an incarcerated person, contains a statement that the

(1) (a) specify the evidence to be tested; (b) state that the applicant

under the pains and penalties of perjury that the requested

the petition must allege:

under oath:

to the county prosecutor in the county where the conviction

perjury and must do the following:

Contain?

(1) Scientific evidence not available at trial

(1) Explain why the identity of the perpetrator was, or should

conviction relief is warranted under the court's

that resulted in the petitioner's conviction and that the

the requested DNA testing can prove his actual

(1) A statement of the facts relied on in support of the petition, including a

(1) Evidence obtained in relation to the crime and subsequent indictment,

her conviction; and

(1) A factual explanation of why there is an articulable

(1) Identity was an issue in the trial; and

(2) Identity was an issue in the trial; and

the conviction and that DNA testing is relevant to the assertion

(1) Explain why the identity of the defendant was a significant

(1) Submit to DNA testing ordered by the district court; and

thereof, whether by the defendant or by another person

which the inmate is an eligible inmate and is requesting the DNA testing.

by an incarcerated person convicted of a felony and upon a

person is innocent of the offense for which the person was

consents to provide samples of bodily fluid for use in DNA testin; and

testing is related to the investigation or prosecution that

(1) The evidentiary criteria have been met;

(1) The facts to support: (a) that the evidentiary criteria have

was obtained, if DNA evidence was not admitted because

(1) Explain why the identity of the perpetrator was, or should have

establishes the petitioner's actual innocence; or

have been, a significant issue in the case

criteria for granting the motion (see below)

evidence sought to be tested contains biological evidence.

innocence.

description of the physical evidence containing DNA to be tested and, if

which resulted in the petitioner's conviction.

(2) The "chain of custody" evidentiary criterion has been met.

doubt, based on competent evidence whether or not

(2) The "chain of custody" evidentiary criterion has been met.

(3) A reasonable probability exists that the movant would

of innocence. The petition must be verified by the petitioner

issue in the case;

(2) Authorize the district attorney's use of the DNA test

or persons. Such sworn allegations may be based upon

Along with the application, the inmate shall submit an acknowledgment

preliminary determination by the System that the claim has a

convicted or of the conduct underlying any mandatory sentence

resulted in the judgment of conviction and that the evidence

(2) The person identifies the specific evidence to be tested

been met; (b) that the testing is materially relevant, noncumulative,

the court ruled DNA testing did not meet acceptable scientific

been, a significant issue in the case;

(2) The scientific predicate for the claim could not

(2) Explain, in light of all the evidence, how the requested DNA

The motion shall include the results of all prior

known, the present location or the last known location of the evidence and

(2) The evidence was not subjected to the requested DNA testing because

The petition must claim that he is innocent of the offense.

introduced at trial, as to the guilt of the petitioner in that

The person must claim actual innocence.

not have been convicted if exculpatory results had been

under penalty of perjury and must:

(2) Explain in light of all the evidence, how if the results of the

results to investigate all aspects of the case that the

personal knowledge of the affiant, or upon information

that is on a form prescribed by the attorney general for this purpose and

reasonable basis in fact. The System shall employ such

enhancement; or (b) For a person not in custody, contains a

be granted, any data obtained from any DNA samples or test results

sought to be tested contains biological evidence.

and states a theory of defense, not inconsistent with theories

and necessary and may prove the convicted person's actual

standards or DNA testing technology was not sufficiently

(2) Explain, in light of all the evidence, how the requested DNA testing

have been previously discovered through the exercise

testing would raise a reasonable probability that the convicted

DNA tests, regardless of whether the prosecution

how it was originally obtained;

the existence of the evidence was unknown to the petitioner or to the

DNA testing will resolve the doubt and establish the

obtained through the requested DNA testing.

(1) Explain why the identity of the perpetrator was or should have

requested DNA testing are favorable to the defendant, a motion

petitioner is seeking to reopen.

and belief, provided that in the latter event the affiant must

that is signed by the inmate (see § 2953.72 for the details of the

attorneys, investigators, and other employees as may be

statement that the person is innocent of the offense for which

may be entered into law enforcement databases, may be used in the

previously asserted at trial, that the requested DNA testing

innocence; (c) the testing requested involves a scientific method

developed to test the DNA evidence in the case.

would raise a reasonable probability the convicted person's verdict

of due diligence and the facts underlying the claim, if

person's verdict or sentence would be more favorable if the

or defense performed it.

(2) A statement that the evidence was not previously tested for DNA or a

petitioner's trial attorney prior to trial or because the technology for the

petitioner's innocence;

The person must claim actual innocence.

been a significant issue in the case;

for a new trial based upon newly discovered evidence would

The person must claim that DNA evidence will establish

state the sources of such information and the grounds

acknowledgment form).

necessary to process and present claims of factual

the person was convicted;

investigation of other crimes and may be used as evidence against

would support;

employed by the Division of Forensic Science; and (d) the

or sentence would be more favorable if the results of DNA testing

proven and viewed in the light of the evidence as a

results of the DNA testing had been available at the time of

statement that results of any previous DNA testing were inconclusive and that

testing was not available at the time of trial.

(2) The factual circumstances establishing the timeliness

(2) Present a prima facie case that the evidence to be tested has

be granted;

his innocence.

of such belief. The defendant may further submit

innocence to the appropriate prosecuting agency in an

(2) Identifies the specific evidence to be tested and a theory of

the applicant in other cases;

(3) The evidence that is the subject of the request for testing

convicted person has not unreasonably delayed the filing of the

had been available at the time of conviction;

whole, would be sufficient to establish by clear and

conviction.

subsequent scientific developments in DNA testing techniques would

(3) The identity of the perpetrator was, or should have been, a significant

of the application;

been subject to a chain of custody sufficient to establish that the

(3) Explain whether DNA testing was done at any previous time,

documentary evidence or information supporting or

efficient manner.

defense that the DNA testing would support;

(2) (a) assert the applicant's actual innocence of the offense for which

has the potential to produce new, noncumulative evidence

petition after the evidence or the test for the evidence became

(3) Make every reasonable attempt to identify both the evidence that

convincing evidence that no reasonable fact-finder

(3) Make every reasonable attempt to identify both the evidence

likely produce a definitive result;

issue in the case.

(3) The identification of the particular evidence for which

evidence has not been substituted, tampered with, degraded,

whether the defendant objected to providing a biological sample

tending to support the allegations of the moving papers.

(3) Include the results of any previous DNA test of the evidence

the applicant was convicted; and (b) in a capital case, (i) assert the

that will establish the person's actual innocence; and

available at the Division of Forensic Science;

should be tested and the specific type of DNA testing sought;

would find the petitioner guilty of the underlying offense.

that should be tested and the specific type of DNA testing sought.

(3) A statement that the sentenced defendant is innocent and how the DNA

(4) The requested DNA testing would raise a reasonable probability that the

DNA testing is sought; and

contaminated, altered or replaced in any material aspect;

for DNA testing, and whether the defendant objected to the

if a previous DNA test was conducted by either the prosecution

applicant's actual innocence of the charged or uncharged conduct

(4) The person is aware of the consequences of filing the

(2) The crime for which the person was convicted;

(4) Reveal the results of any DNA or other biological testing previously

(4) Reveal the results of any DNA or other biological testing that

testing requested by the petition will exonerate the defendant of the crime for

petitioner would have been acquitted if the results of DNA testing had been

(4) That the applicant is factually innocent of the crime for

(3) Explain, in light of all the evidence, how the requested testing

admissibility of DNA evidence at trial;

or the defense; and

constituting an aggravating circumstance under § 9711(d) if the

petition, including those specified in §§ 78-35a-302 and

(3) The reason or reasons the evidence was not known or

conducted by either the prosecution or defense, if known; and

was conducted previously by either the prosecution or defense,

which the defendant was sentenced or will mitigate the sentence received by

available at the time of conviction in light of all the evidence in the case.

which he was convicted, in the form of an affidavit signed

would establish the petitioner's innocence of the felony;

(4) Make every reasonable attempt to identify both the evidence

(4) Establishes a prima facie showing of the review criteria

applicant's exoneration of the conduct would result in vacating a

78-35a-304, and that the person is waiving any statute of

tested by the time the conviction became final in the circuit

(5) State whether any motion for testing under this section has been

if known.

the defendant for that crime;

(5) A description of the evidence to be tested and, if known, its present location,

by the petitioner under penalty of perjury.

(4) Make every reasonable attempt to identify both the evidence

that should be tested and the specific type of DNA testing

presented below.

sentence of death; or (ii) assert that the outcome of DNA testing would

limitations in all jurisdictions as to any felony offense he

court; and

filed previously and the results of that motion, if known.

(5) State whether any motion for testing under this section has

(4) A statement that identification of the defendant is a genuinely disputed

its origin and the date, time and means of its original collection.

that should be tested and the specific type of DNA testing

sought; and

establish a mitigating circumstance under § 9711(e)(7) if that

has committed which is identified through DNA database

(4) The reason or reasons that the newly discovered or untested

been filed and the results of that motion, if known.

issue in the case, and why it is an issue;

(6) The results of any DNA or other biological evidence testing that was

sought;

(5) Include consent to provide a biological sample for DNA testing.

mitigating circumstance was presented to the sentencing judge or jury

comparison.

evidence may prove the actual innocence of the person convicted

(5) Any other facts relevant to the petition; and

conducted previously by either the prosecutor or the defense, if known.

(5) Reveal the results of any DNA or other known biological

and facts as to that issue were in dispute at the sentencing hearing; and

The petition shall be in compliance with Rule 65 C, Utah Rules

Such motion shall contain all relevant allegations and facts that are

(6) A certificate that a copy of the petition has been served on the

(7) If known, the names, addresses and telephone numbers of all persons or

testing that was previously conducted by the prosecution or

(3) Present a prima facie case demonstrating that the (a) identity of or

of Civil Procedure, including providing the underlying criminal

known to the petitioner at the time of filing and shall enumerate and

prosecuting authority.

entities who are known or believed to have possession of any evidence

defense; and

the participation in the crime by the perpetrator was at issue in the

case number.

include all previous records, applications, petitions, appeals and

described in (1) through (6), and any persons or entities who have provided

(6) State whether a petition was previously filed under the section

proceedings that resulted in the applicant's conviction and sentencing;

their dispositions.

information contained in petitioner's motion, indicating which person or entity

and the results of the proceeding.

and (b) DNA testing of the specific evidence, assuming exculpatory

has which items of evidence or information.

results, would establish: (i) the applicant's actual innocence of the

(8) The names, addresses and telephone numbers of all persons or entities

of the offense for which the applicant was convicted; (ii) in a capital

who may testify for the petitioner and a description of the subject matter and

case, the applicant's actual innocence of the charged or uncharged

summary of the facts to which each person or entitty may testify.

conduct constituting an aggravating circumstance under § 9711(d) if the

The petitioner shall state: (1) that the motion is not filed for the purpose of delay,

applicant's exoneration of the conduct would result in vacating a

and (2) that the issue was not raised by the petitioner or the requested DNA

sentence of death; or (iii) in a capital case, a mitigating circumstance

testing was not ordered in a prior proceeding in the courts of GA or the US.