Jackson County Prosecutor s Office Conviction Review Unit

Transcription

1 Jackson County Prosecutor s Office Conviction Review Unit APPLICATION FOR CONVICTION REVIEW The Conviction Review Unit of the Jackson County Prosecuting Attorney s Office investigates only claims of actual innocence and has sole discretion to deny a request for conviction review. The Conviction Review Unit will not consider requests for resentencing. The decision to review and further investigate a claim cannot be inferred as an acceptance of the validity of the alleged innocence claim. The Conviction Review Unit does not act as legal counsel to any person whose case is being investigated. The Applicant may seek legal advice regarding this application, the Waiver of Procedural Safeguards, and the review process; and, s/he is encouraged to do so. Requirements: In order to qualify for a conviction review by the Jackson County Prosecuting Attorney s Office, the case and applicant must meet the following criteria: a. The conviction must have occurred in the 16 th Judicial Circuit of Missouri (Jackson County); b. At the time of the submission of the application, Applicant must be in custody and serving time on the sentence for which he/she is seeking review; c. The conviction must be for a violent and/or serious felony as defined by Part 1 of the Uniform Crime Reporting Program; d. The application for review must be based on new and credible evidence of innocence which was not known at the time of conviction; e. Applicant waives his or her procedural safeguards and privileges, agrees to cooperate with the Prosecuting Attorney s Office, and agrees to provide full disclosure of all relevant information during the review process. Please complete and sign the Waiver of Procedural Safeguards and Privileges attached to the questionnaire. The application and waiver forms must be notarized. Note: If the applicant is currently represented by counsel, all communications with Conviction Review Unit must be made through the defendant s attorney. Information Needed: Applicants or their representative must complete the form below in order to make a conviction review request (you may use additional pages if needed). The applicant is to provide information only on the conviction for which review is requested. 1

2 Applicant s name, date of birth, SSN, and contact information: Applicant s representative s name, contact information and your relationship to the convicted defendant: Current Attorney (if an attorney is assisting with this Conviction Review Request) and contact information: Correctional facility where applicant is housed: Missouri Department of Corrections No./ Booking No.: Jackson County Circuit Court No.: List the convicted crimes: Date(s) of Conviction(s): Date(s) of Sentencing: 2

3 Sentence(s) received: Expected release date: Which of the following resulted in the conviction for which review is sought (please circle answer)? Jury Trial Judge Trial Guilty Plea No Contest Plea Name and division of the court where the applicant was convicted and sentenced: Defense Attorney at trial: Defense Attorney on appeal: Name(s) of any attorney(s) who represented the applicant on any state or federal petitions after the appeal (for example, Writ of Habeas Corpus): Name of court(s), types of petition(s) and docket number(s) for any state or federal petitions, filed on behalf of the applicant after the appeal, which have been heard or are pending: Is the conviction currently being challenged on appeal? Is there a habeas corpus petition currently pending before a court? 3

4 Has a habeas corpus petition ever been filed regarding the conviction? Has the applicant filed a motion to be re-sentenced? Was a post-conviction motion filed after the Court of Appeals returned its mandate confirming the conviction? With regard to any motions or petitions filed challenging the conviction listed above for which applicant is seeking review, please state the judgment(s) that were entered. Did the person who was convicted give a statement to law enforcement when arrested? If there was a trial, did the person who was convicted testify in the trial? Was DNA used to convict applicant? If so, describe. What specific new evidence exists that was not known at the time of trial? Please provide current contact information for any witnesses or individuals who have knowledge of that evidence. 4

5 Please state the reason(s) the conviction should be reviewed. Has applicant contacted any organization including, but not limited to, the Innocence Project or the ACLU? If so, please describe: Do we have permission to discuss your claim of innocence with the Innocence Project or any above named organization? You are encouraged to attach exhibits or documents to this application to assist the Conviction Review Unit s examination of your request. If this request is being submitted by someone other than the convicted defendant, please attach the written consent of the convicted defendant to this request. 5

6 If submitted by the convicted defendant, please sign below: Signature of Applicant Type or Print Applicant s Name Subscribed and sworn to before me this day of, 20. My commission expires: Notary Public Return the completed application and all other relevant information to the following address: Jackson County Prosecuting Attorney Conviction Review Unit 415 E. 12 th Street, 11 th Floor Kansas City, Missouri Once this application is received by the Jackson County Prosecutor s Office, you will be contacted and informed of the status of your request. 6