78B-9-401.5. Definitions. As used in this part: (1) “Bona fide and compelling issue of factual innocence” means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. (2) “Factual innocence” or “factually innocent” means a person did not: (a) engage in the conduct for […]
Effective 5/4/2022 78B-9-402. Petition for determination of factual innocence — Sufficient allegations — Notification of victim — Payment to surviving spouse. (1) A person who has been convicted of a felony offense may petition the district court in the county in which the person was convicted for a hearing to establish that the person is […]
78B-9-403. Requests for appointment of counsel — Appeals — Postconviction petitions. (1) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part. (2) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part. Enacted by […]
78B-9-404. Hearing upon petition — Procedures — Court determination of factual innocence. (1) (a) In any hearing conducted under this part, the Utah attorney general shall represent the state. (b) The burden is upon the petitioner to establish the petitioner’s factual innocence by clear and convincing evidence. (2) The court may consider: (a) evidence that […]
Effective 5/5/2021 78B-9-405. Judgment and assistance payment. (1) As used in this section: (a) “Felony” means a criminal offense classified as a felony under Title 76, Chapter 3, Punishments, or conduct that would constitute a felony if committed in Utah. (b) “Petitioner” means a United States citizen or an individual who was otherwise lawfully present […]
