People claiming innocence could seek relief over unavailable or undermining forensic evidence

A person who says they did not commit the crime could petition Delaware’s Superior Court for relief. This covers people with guilty verdicts, accepted guilty or no-contest pleas, or verdicts of not guilty because of insanity, including people who have finished their sentences. The forensic evidence must have been out of reach despite reasonable effort or must undercut forensic evidence presented before trial, at trial, or before a plea. A person could file at any time.

A court would grant appropriate relief if the person meets all the proof requirements. These requirements apply to people seeking relief based on forensic evidence that was previously unavailable or undercuts earlier forensic evidence. The petition must say the forensic evidence is available now and could not reasonably have been found before or during trial or before a plea. An expert’s sworn statement must identify qualifying evidence, use a method accepted in the field, and say the expert’s opinion is available now, was not reasonably discoverable earlier, and shows a different outcome is reasonably likely. The judge must also find a different outcome reasonably likely.

Superior Court would set a time to hear the claim and review the petition. These rules apply to petitions under the proposed forensic evidence provision. The court must dismiss a petition in writing if it fails an initial review. If it passes, the court may allow more evidence gathering or hold a further hearing. The court must set a time to hear the claim no later than 180 days after filing, unless there is good cause for more time. A person may appeal a dismissal within 30 days.