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A New Look at an Old Murder. State v. Prade. — 3 Comments

    • Reagan,
      “Actual innocence” refers to the statutory standard that is required under R.C. 2953.23 (A)(2) for a trial judge even to entertain a motion for a late, second, or successive petition for post-conviction relief, and that is what the then-trial judge Judy Hunter found in Prade’s case in January of 2013. Per R.C. 2953.21(A)(1)(b), “actual innocence” means that, had the results of the post-conviction DNA testing been presented at trial, and had those results been analyzed in the context of both the trial evidence and any new, admissible evidence, “no reasonable factfinder would have found the petitioner guilty of the offense of which the petitioner was convicted.”
      Prof. Emerita Bettman