1473.6. (a) Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons:
(1) Newly discovered evidence of fraud by a government official that completely undermines the prosecution s case, is conclusive, and points unerringly to his or her innocence.
(2) Newly discovered evidence that a government official testified falsely at the trial that resulted in the conviction and that the testimony of the government official was substantially probative on the issue of guilt or punishment.
(3) Newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. Evidence of misconduct in other cases is not sufficient to warrant relief under this paragraph.
(b) For purposes of this section, newly discovered evidence is evidence that could not have been discovered with reasonable diligence prior to judgment.
(c) The procedure for bringing and adjudicating a motion under this section, including the burden of producing evidence and the burden of proof, shall be the same as for prosecuting a writ of habeas corpus.
(d) A motion pursuant to this section must be filed within one year of the later of the following:
(1) The date the moving party discovered, or could have discovered with the exercise of due diligence, additional evidence of the misconduct or fraud by a government official beyond the moving party s personal knowledge.
(2) The effective date of this section.
(Added by Stats. 2002, Ch. 1105, Sec. 3. Effective January 1, 2003.)Section: Previous 1473 1473.5 1473.6 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 Next
Last modified: September 9, 2016