Definitions.

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  • (1) "Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
    • (a) the convicted person is significantly likely to be factually innocent;
    • (b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
    • (c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:
      • (i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
      • (ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence.
  • (2) "Convicted person" means the person whose conviction or sentence is under review.
  • (3) "Conviction Integrity Unit" means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences.
  • (4) "Establishing office" means the prosecution agency establishing a conviction integrity unit.
  • (5) "Factually innocent" means the same as that term is defined in Section 78B-9-401.5.
  • (6) "Legitimacy" means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system.
  • (7) "Newly discovered material evidence" means the same as that term is defined in Section 78B-9-401.5.
  • (8) "Petitioning prosecutor" means the prosecutor who files a civil petition seeking relief under this part.
  • (9) "Prosecution agency" means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency.
  • (10) "Significant" or "significantly likely," for purposes of this part, means to a large degree or of a noticeably or measurably large amount.




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