This exception concerns claims of actual innocence of the crime for which the defendant has been convicted.
Mistaken identity is a claim of the actual innocence of a criminal defendant.
"A truly persuasive demonstration of actual innocence" would be a different case, she wrote then.
The governor insisted that he would review each death row case individually, looking for unfair treatment, but primarily focusing on claims of actual innocence.
Baldwin pled guilty to three counts of first degree murder while still asserting his actual innocence.
Patel did so based upon what she found was a persuasive showing of "actual innocence."
"A death row inmate can continue to manufacture claims of actual innocence for infinity," he said.
Petitioner has failed to make a persuasive showing of actual innocence.
And actual innocence is the least effective argument to make for a new trial because it is so difficult to prove.
A claim of actual innocence is the most widely used-yet often the least studied-defense to crime.