After effect of HB228 question

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M-Quigley
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After effect of HB228 question

Post by M-Quigley »

Does anyone know now that HB228 has passed if someone who was unjustly convicted under the old law would be able to appeal their conviction and or maybe get a new trial once the new law takes effect?
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JustaShooter
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Re: After effect of HB228 question

Post by JustaShooter »

I'm assuming you are referring to the shift of the burden of proof onto the prosecution in self-defense cases? If so, that sounds like a lawyer question. I'm not even sure whether someone charged before the law takes effect but not tried until after will be given the presumption of innocence or not.
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JediSkipdogg
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Re: After effect of HB228 question

Post by JediSkipdogg »

M-Quigley wrote:Does anyone know now that HB228 has passed if someone who was unjustly convicted under the old law would be able to appeal their conviction and or maybe get a new trial once the new law takes effect?
I'm going with no. If so, then anyone convicted of stealing say $800 in 1999 could appeal and say "hey, it's only a misdemeanor now and it was a felony back then." Laws change all the time. The only time a change in law "may" help someone is if their case is currently going on during the change of law. Otherwise, the courts would be lined up from here to California with people wanting their cases dismissed due to a change in a law.
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mrbone
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Re: After effect of HB228 question

Post by mrbone »

I agree with no. I have seen situations where a law is passed to loosen up the regulations and it explicitly says "this is retroactive." But if it doesn't have that sort of verbiage then it only applies to events that happened after the law was passed, not prior. For example, in the criminal justice reform bill Congress recently passed, it had provisions explicitly making certain parts of that law retroactive, but that was dropped in the final version in order to get support from more conservative congressmen who only wanted the law to apply to new cases going forward.
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