|
Thursday, July 24, 2008
Reform and Legislation
Take
Action
Take action by supporting the Innocence
Protection Act (IPA) and other wrongful conviction
legislation. The IPA would allow any inmate convicted of a
federal crime to request DNA testing on evidence from their
case that could aid in proving their innocence. Visit the
Justice
Project website for more information.
Minnesota Legislation
Post Conviction DNA Testing and Preservation
of Evidence Statute
Minn.
Stat. §590.01 - 590.06
The statute covers any person "convicted of a crime"
when no "direct appellate relief is available."
Petitioner "must present a prima facie case that...identity
was an issue in the trial." In order for testing to be
granted, petitioner must show that it "has the scientific
potential to produce new, noncumulative evidence materially
relevant to the defendant's assertion of actual innocence."
The statute does not have any provisions
for payment for testing, appointment of counsel or preservation
of evidence. Motions made under the statute "[take] the
place of any other...remedies which may have been available
for challenging the validity of a conviction, sentence, or
other disposition and must be used exclusively in place of
them unless it is inadequate or ineffective to test the legality
of the conviction, sentence or other disposition."
People "convicted of and sentenced
for a crime committed before May 1, 1980" may petition
for relief under the statute "upon the ground that a
significant change in substantive or procedural law has occurred...which,
in the interest of justice, should be applied retrospectively,
including resentencing under subsequently enacted law."
For more information, visit
the Minnesota legislature online at http://www.leg.state.mn.us/
|