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What type of appeal would one need to file in order to re-litigate facts? There exists charities involved in, say, DNA-based exoneration. Is there less room for
by wizerdrobe 3y ago
What type of appeal would one need to file in order to re-litigate facts? There exists charities involved in, say, DNA-based exoneration. Is there less room for non-DNA based appeals?
- throwaway17_17 3y agoThese types of ‘appeals’ are usually not appeals. They often come in the form of clemency requests and, in some jurisdictions, Post Conviction Relief. Several State’s have legislation in place allowing for a proceeding in the court of conviction to be opened (within some specified period of time) when ‘factual innocence’ is being alleged. The burden for the relief is pretty high to get the proceeding going however.