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/