Post Conviction Statutes: A National Perspective The Experience in Wyoming National Institute of Justice January 22, 2009

The Path to Enactment The Environment The Environment –No exonerations –No sense of urgency –A “part-time” legislature  40 day general session  20 day budget session

The Path to Enactment Adoption as a topic for interim study by the Joint Interim Judiciary Committee (3/07) Adoption as a topic for interim study by the Joint Interim Judiciary Committee (3/07)

The Path to Enactment Commitment to Drafting Committee and the value of collaboration Commitment to Drafting Committee and the value of collaboration –Involvement and buy- in from stakeholders –Awareness of their needs

The Path to Enactment Representation on the Drafting Committee Representation on the Drafting Committee –The Innocence Community –Rocky Mountain Innocence Center (SLC) – Katie Monroe –University of Wyoming School of Law – Prof. Diane Courselle

The Path to Enactment Representation on the Drafting Committee Representation on the Drafting Committee –The Wyoming County and Prosecuting Attorneys Association  Wyoming Sheriff’s and Chief’s Association  Victim Advocacy –The Wyoming Public Defender –The Wyoming Attorney General

The Path to Enactment A coalition is only as strong as its weakest link: The demise of 3 rd party sampling provisions A coalition is only as strong as its weakest link: The demise of 3 rd party sampling provisions –Based upon ABA Criminal Justice Standards for DNA Evidence (b)(ii)

The Path to Enactment Murphy was an optimist! Murphy was an optimist! The value of collaboration The value of collaboration

The Path to Enactment Final vote in the Senate Final vote in the Senate –30 Ayes – 0 Nays Final vote in the House Final vote in the House –57 Ayes – 0 Nays –3 Excused Signed into law 3/12/08 Signed into law 3/12/08

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act Showing necessary to support testing: Showing necessary to support testing: –Conviction of a felony –Testing results are material to:  Identity of a perpetrator (or accomplice);  Enhancement of sentence; or  An aggravator alleged in a capital case. –Evidence is still in existence and a condition to be tested. –The evidence has potential to produce new, non- cumulative evidence of actual innocence. *W.S

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act Cases occurring after 1999 must demonstrate due diligence. * W.S Cases occurring after 1999 must demonstrate due diligence. * W.S Burden for testing = prima facie showing. * W.S Burden for testing = prima facie showing. * W.S Qualifications of the testing laboratory. * W.S Qualifications of the testing laboratory. * W.S Provides a right to appointed counsel for indigent defendants. *W.S Provides a right to appointed counsel for indigent defendants. *W.S

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act Costs of testing are paid by the petitioner unless: Costs of testing are paid by the petitioner unless: –Movant is incarcerated; –Needy; and –Test supports the motion. *W.S

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act Effect of Results Effect of Results –Inconclusive or consistent with guilt = denial of motion for new trial & results provided to parole board; –Results consistent with theory of innocence = matter set for hearing on motion for new trial. –Upon stipulation or motion to dismiss original charge by State:  Vacation of conviction consistent with the evidence;  Order of actual innocence and exoneration ordered; and  Order of expungement ordered. *W.S

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act Right to file a motion for relief under this statute may not be waived. *W.S Right to file a motion for relief under this statute may not be waived. *W.S Appeal Appeal –Appeal of the order re testing is subject only to writ of review. –Motion for new trial may be directly appealed by either party. *W.S

Selected Provisions of Wyoming the Wyoming Post-Conviction DNA Testing Act One filing of right except where there is a Brady violation. *W.S One filing of right except where there is a Brady violation. *W.S Consensual Testing Consensual Testing –State can consent to testing without a motion filed; –If the results are favorable to the defendant, the defendant may file for new trial under this act. *W.S

Work Left Undone Compensation Package Compensation Package Non DNA based relief Non DNA based relief