Legal Question in Appeals and Writs in California

Can the innocence project file a habeas corpus based on new evidence and factual innocence?


Asked on 4/11/12, 1:02 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

They can, but that doesn't necessarily mean they will. The Innocence Project has limited resources and cannot accept every case that comes its way. Perhaps more importantly, it only takes cases in which DNA testing might prove the defendant did not commit the crime. It does not take cases in which the defendant wants to prove his innocence by other means, even if those cases seem very strong.

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Answered on 4/11/12, 2:40 pm


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