North Carolina Innocence Commission is a Model to be Followed.

Posted By Cliff Tuttle | February 19, 2010

Jurist reports that the North Carolina Innocence Commission, a special panel formed in 2006 as an appeal of last resort when appeals are exhausted, has yielded its first exoneration since its founding in 2006.  The panel hears cases with new evidence and can forward a case to a three judge panel of the Superior Court, who must rule unanimously for acquittal.

In Pennsylvania, we have long had the right to post conviction hearings at which new evidence can be raised.  However, these appeals go through the common pleas court where the conviction was originally obtained.  An independent review commission provides a new perspective, one that is not unconsciously affected by deference to the judge and prosecutors involved and which is especially aware that properly verified DNA evidence can outweigh testimony and circumstantial evidence that appear to be overwhelming.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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