78B-9-502. Definitions. As used in this part:
| (1) |
“Bona fide and compelling evidence” means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
Terms Used In Utah Code 78B-9-502- Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502
- 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.
- Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502
- Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502
- Person: means :Utah Code 68-3-12.5
- Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502
- Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Verdict: The decision of a petit jury or a judge.
| (a) |
the convicted person is significantly likely to be factually innocent; |
| (b) |
newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or |
| (c) |
there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:
| (i) |
if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or |
| (ii) |
significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence. |
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| (2) |
“Convicted person” means the person whose conviction or sentence is under review. |
| (3) |
“Conviction Integrity Unit” means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. |
| (4) |
“Establishing office” means the prosecution agency establishing a conviction integrity unit. |
| (5) |
“Factually innocent” means the same as that term is defined in Section 78B-9-401.5. |
| (6) |
“Legitimacy” means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. |
| (7) |
“Newly discovered material evidence” means the same as that term is defined in Section 78B-9-401.5. |
| (8) |
“Petitioning prosecutor” means the prosecutor who files a civil petition seeking relief under this part. |
| (9) |
“Prosecution agency” means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. |
| (10) |
“Significant” or “significantly likely,” for purposes of this part, means to a large degree or of a noticeably or measurably large amount. |
Enacted by Chapter 203, 2020 General Session
