St. Louis County Conviction Review: Instructions & Form, Exams of Law

Download St. Louis County Conviction Review: Instructions & Form and more Exams Law in PDF only on Docsity! 1 APPLICATION FORM TO REQUEST REVIEW OF A CRIMINAL CONVICTION BY THE ST. LOUIS COUNTY CONVICTION AND INCIDENT REVIEW UNIT INSTRUCTIONS Please try to provide all the information requested by this form. Your request can be considered more quickly if the information described in this form is placed on this form at the time you make your request for review by the CIRU. Please type your answers or print them legibly in ink. If the space provided is not sufficient, please place your answers on a separate page and attach it to this form. ELIGIBILITY Before you prepare this form, be sure that you are eligible for review by CIRU. The Conviction and Incident Review Unit only will accept requests for review that meet all of the following standards:  The applicant must be alive;  The applicant must have been prosecuted by the St. Louis County Prosecuting Attorney’s office;  The judgment must have been finalized on direct appeal; and  The applicant must have a plausible claim of actual innocence or evidence that the case involved knowing and serious misconduct by law enforcement, prosecutors, or other participants in the legal process. ADVICE OF RIGHTS This form can be completed by a convicted person, by an attorney representing a convicted person, or by any person authorized by a convicted person to act on his or her behalf. Regardless of who prepares the form, in order for an investigation to proceed, it must include the cooperation of and a signed waiver form from the convicted person. That waiver form is included at the end of this document and is available on the CIRU’s website. TELL US ABOUT YOUR CASE 1) Please provide your name as it appeared on the court papers in the case, your address and—if applicable—your telephone number and e-mail address. If you are incarcerated in the Missouri Department of Corrections, please provide your Inmate Number and your current institutional assignment. 2) Are you represented by counsel? If so, please provide counsel’s name and contact information. 2 3) If we have trouble contacting you, let us know if there is a family member or other person we may contact you through. Please list below that person’s name, contact number, and relationship to you. By listing a person here, you authorize us to contact them with updates about your application. 4) If you are preparing this submission on behalf of a convicted person and not on behalf of yourself, please provide your name; your address; a current telephone number; and the nature of your relationship with the convicted person (for example, “counsel,” “parent,” “wife,” “friend” etc.). You must also provide a Waiver and Consent Form signed by the convicted person. 5) Please provide the name of the case that led to the conviction you wish to challenge, and the court number of the case. State whether the conviction was the result of a trial or a guilty plea. 6) Please indicate the offense[s] for which you were convicted and the sentence[s] imposed. 7) Please provide the case number[s] for all direct appeals you have pursued in the Missouri Court of Appeals or the Missouri Supreme Court. If you know the citation for any published opinion that an appellate court issued in your case, please provide that citation as well. 5 4) Was DNA material collected and/or tested in your case? If so, what was the result of the testing? Are there collected materials that have not been tested? 5) Do you claim that important exculpatory, mitigating, or impeachment evidence was not given to your defense team by the prosecution? (yes or no) 6) If yes, please describe the evidence or information you believe was not provided. How did you come to know of the existence of this information? Can you provide a letter or affidavit from your trial attorney verifying that this information was not turned over? 6 7) Please describe any other claims not covered above which you believe resulted in an unjust conviction or sentence in violation of your constitutional rights. 7 APPLICANT WAIVER AND CONSENT FORM In order for the CIRU to begin an investigation, the convicted person must agree to all of the following and indicate such agreement by initialing at the beginning of each statement. 1) _________ I am requesting that the CIRU review my claim of actual innocence for my conviction(s) in this case. 2) _________ I believe that credible evidence of innocence or unlawful conviction exists. 3) _________ I consent to a formal inquiry of my case by the CIRU. 4) _________ I agree to fully cooperate with the CIRU’s review. 5) _________ I agree to provide full disclosure regarding all inquiries made by the CIRU. 6) _________ I understand and agree this is an extrajudicial process, which means that there is no right of review or appeal of any decision by the Prosecuting Attorney regarding my application to the CIRU. 7) _________ I understand that the CIRU is not my attorney and statements made above or to the CIRU are not confidential and may be used against me in future criminal proceedings. 8) _________ I understand, as it relates only to my pending application and the associated case being reviewed by the CIRU, I am waiving my right against self-incrimination pursuant to the Fifth Amendment of the United States Constitution and the Missouri Constitution. 9) _________ If I have an attorney, I consent to the terms of the Attorney Discovery and Cooperation Form. 10) _________ I understand that a claim with the CIRU will not extend any deadlines of any proceedings, including without limitation any appellate proceedings. 11) _________I understand that the CIRU may disclose to any authorities any evidence or information uncovered or learned by the CIRU, including information that tends to show that other people may have been involved in the commission of the crime(s) for which I was convicted. 12) _________ I understand that the CIRU will refer any and all evidence or information or any criminal acts or other wrongdoings to the appropriate law enforcement authorities. 13) _________ I also understand that evidence uncovered by the CIRU that is favorable to me shall be disclosed to me or my legal representative regardless of the outcome of the review. 14) _________ I certify that all of the above statements are true and accurate. 15) _________ I acknowledge that providing false information will result in a dismissal of my claim. 16) _________ I understand the CIRU may determine that my case does not meet the criteria for review at any point and may reject my claim without any explanation, and without any review or appeal by any court or agency. 17) _________ I understand that if I refuse to cooperate in any way or become uncooperative with the CIRU’s review process, the review may be cancelled. SIGNATURE OF CONVICTED PERSON: _____________________________ PRINTED NAME OF CONVICTED PERSON: _____________________________ DATE: _____________________________