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PDF Editor FAQ
A man has been in prison for many years when clear proof of his innocence is found. What is the legal procedure normally used to free him (USA, federal case)?
Just to repeat an important part of the question: we’re talking US law, and specifically federal law. This answer is incorrect for those imprisoned in a state system.The main tool at the prisoner’s disposal is to request a new trial under Rule 33 of the Federal Rules of Criminal Procedure. But there’s an important time component: if the request is based on newly-discovered evidence, it must be filed within 3 years after the “verdict or finding of guilt.” (If there was one or more appeals involved, “finding of guilt” means the day the last appeal was lost.)Let’s say the evidence of actual innocence was found after the 3 year deadline. So a new trial under Rule 33 is out.Then, one can petition the court for something like a writ of habeas corpus, as codified in 28 USC s.2255. I say “something like a writ of habeas corpus” because a true habeas writ involves petitioning a federal court to vacate a state judgement. It’s an entirely separate action that collaterally attacks the original criminal trial. But for federal prisoners, you’re staying inside the federal jurisdiction. So the s.2255 petition is a continuation of the original criminal case, not a separate action. But whatever, it works just like a bona-fide habeas corpus writ. Compare with the true habeas writ in section 2254.In any case, there’s still a timeline issue. Section (f) sets a 1-year deadline for filing such a petition, which starts upon the latest of various events, the relevant one being (f)(4): “the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.”The tricky part there is the phrase “could have been discovered.” In other words, if you actually discover your evidence of innocence on Jan. 1, 2021, but you reasonably could have discovered that evidence (using reasonable diligence) on Jan. 1, 2020, then you’re habeas petition is out of luck.But if you can file your petition in that window, you’re good to go.
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