Writs of actual innocence; petition by person who was convicted of a felony, etc.

Writs of actual innocence. Provides thata person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committedby an adult may petition for a writ of actual innocence based onbiological evidence or nonbiological evidence regardless of the typeof plea he entered at trial. Under current law, such person may petition for either writ if he entered a plea of not guilty, and any person,regardless of the type of plea he entered at trial, may petition for such writ based on biological evidence if he is sentenced todeath or convicted or adjudicated delinquent of murder or a felonyfor which the maximum punishment is imprisonment for life. The billalso eliminates the provision that limits a petitioner to only onewrit of actual innocence based on nonbiological evidence for anyconviction. The bill also clarifies that the Attorney General mayjoin a petition for a writ of actual innocence filed in connectionwith an adjudication of delinquency. Finally, the bill provides thatthe circuit court that entered the felony conviction or adjudicationof delinquency has original jurisdiction over the writ and that thepetitioner may appeal any final order denying such writ to the Courtof Appeals as an appeal of right.