Ohio — Statute

Post Conviction Relief Petition | Ohio Title 29 - Crimes and Procedure | Ohio Law

Learn about Ohio's post-conviction relief process under ORC 2953.21 for DNA-based claims of actual innocence and how to seek relief from wrongful convictions.

Legal Content

Post Conviction Relief Petition

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law Section 2953.21 allows individuals convicted of a crime or adjudicated delinquent to file a post-conviction relief petition if DNA testing proves their actual innocence. The law provides a process to vacate or modify judgments based on new evidence, especially DNA results. It also defines 'actual innocence' as evidence that, if presented at trial, would have likely changed the outcome.

Frequently Asked Questions

Who can file a post-conviction relief petition under Ohio law?

Individuals convicted of a crime or adjudicated delinquent who can demonstrate that DNA evidence proves their actual innocence can file a petition.

What evidence is needed to support a claim of actual innocence?

Clear and convincing DNA testing results that, if presented at trial, would have likely changed the verdict or sentence.

Can a person file a post-conviction petition if they were sentenced to death?

Yes, if DNA evidence establishes actual innocence of the aggravating circumstances, the person can seek relief.

What types of relief can be requested in a post-conviction petition?

The petitioner can ask the court to vacate or set aside the judgment or sentence, or to grant other appropriate relief.

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In simple terms: Learn about Ohio's post-conviction relief process under ORC 2953.21 for DNA-based claims of actual innocence and how to seek relief from wrongful convictions.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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