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Committee on the JudiciaryConstitution, Civil Rights and Civil LibertiesCourts, Intellectual Property, and the InternetIntroducedJuly 23rd, 2009
- house Committees
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Justice for the Wrongfully Accused Act
To amend title 28, United States Code, to provide an exception to the requirement of motion to the court of appeals before filing certain second or subsequent petitions for habeas corpus, and for other purposes.
Justice for the Wrongly Accused Act - Amends the federal judicial code to make an exception to the requirement of a motion to the court of appeals before the filing of certain second or subsequent petitions for habeas corpus. Declares that the motion requirement does not apply if the second or subsequent petition application rests solely on a claim of actual innocence arising from: (1) newly discovered evidence from forensic testing; (2) exculpatory evidence withheld from the defense at trial; or (3) newly discovered accounts by credible witnesses who recant prior testimony or establish improper action of state or federal agents. States also that the exhaustion of remedies requirement does not apply, if the application for a writ of habeas corpus on behalf of a person in custody pursuant to a state court judgment is based on a claim that the police or prosecution withheld exculpatory, impeachment, or other evidence favorable to the defendant. Requires the court to hold an evidentiary hearing to determine the facts relating to a claim of actual innocence if the applicant makes a credible proffer of evidence supporting the claim based on certain circumstances. Prescribes a standard for the admissibility of a witness' evidentiary hearing testimony.