Bill > H1567

This bill allows prosecutors to file a motion to vacate or modify a criminal conviction if there is clear and convincing evidence that the defendant did not commit the offense, the conviction was based on an erroneous application of the law, there is newly discovered credible evidence that casts doubt on the conviction, the act is no longer a crime, or the interests of justice and fairness justify vacating the conviction or reducing the sentence. The motion must be in writing, detail the grounds, and contain a request for a hearing. The defendant can respond, and victims have the right to attend the hearing. The court can dismiss the motion without a hearing if the grounds are insufficient, or grant relief by vacating the conviction, ordering a new trial, or reducing the sentence. The Commonwealth has the burden of proof, and either party can appeal the court's decision.

Justice

https://malegislature.gov/Bills/192/H1567