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. |
Terms Used In Utah Code 78B-9-401.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
“Factual innocence” or “factually innocent” means a person did not:
| (a) |
engage in the conduct for which the person was convicted; |
| (b) |
engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or |
| (c) |
commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted. |
|
| (3) |
“Newly discovered material evidence” means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:
| (a) |
evidence which was discovered prior to or in the course of any appeal or postconviction proceedings that served in whole or in part as the basis for vacatur or reversal of the conviction of petitioner; or |
| (b) |
evidence that supports the claims within a petition filed under 1, which is pending at the time of the court’s determination of factual innocence. |
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| (4) |
“Period of incarceration” means any sentence of imprisonment, including jail, which was served after judgement of conviction. |
Enacted by Chapter 153, 2010 General Session
