Conviction Integrity Unit
Conviction Integrity Unit
For information in Spanish click here. Para información en español haga clic aquí.
District Attorney Patsy Austin-Gatson is a strong advocate for justice and fairness. To that effect, she created an independent, flexible, and transparent Conviction Integrity Unit (“CIU”) to stand for truth and collaboration on claims of actual innocence. D.A. Austin-Gatson is dedicated to good-faith case reviews to ensure factual integrity of a conviction through a unit of her prosecutorial office to prevent, identify, and remedy wrongful convictions. Established in March 2021, the CIU is led by Senior Assistant District Attorneys Brenda Lopez Romero and Herbert Adams. They report directly to District Attorney Patsy Austin-Gatson.
Please keep in mind the following. The CIU does not review affirmative defenses that was previously litigated before the original finder of fact (jury or judge). For example, we will not review cases of self-defense, consent, or lack of intent.
Only a court can set aside a conviction. The CIU may recommend remedies and actions to the D.A., and the D.A. makes all prosecutorial determinations. Thereafter, the courts may be enlisted for all final dispositions and outcomes.
The following overview is a general description, but each application depends on the totality of circumstances of the case, and the CIU may use a different approach based on the specific facts of each case.
Who can submit an application for CIU review?
- The convicted person,
- The convicted person’s attorney, or
- Any person authorized by the convicted person can file an application.
Case Review Eligibility
- The convicted person must have been prosecuted by the Gwinnett County District Attorney’s office and conviction obtained in a court in the Gwinnett Judicial Circuit.
- The convicted person must assert actual innocence, which means the convicted person maintains they were wrongfully convicted because they did not commit or participate in the crime.
- The investigation must show a plausible claim of actual innocence to determine whether information or evidence gives rise to believe that the convicted person did not actually commit the offense.
- The investigation must lead to the discovery of new information or evidence that was not considered by the trier of fact (i.e., judge or jury) during the proceedings that led to conviction.
- The direct appeal has become final, the final order has been issued, and there is no pending litigation.
The CIU will consider a conviction resulting from a plea of guilty; however, the CIU only investigates claims by a person who asserts actual innocence.
The CIU also may investigate claims of actual innocence based on a showing that the investigative or fact-finding process that led to the conviction was so fundamentally flawed that the guilty verdict cannot reasonably be relied upon as accurate and the alleged flaws lead to a substantial reason to conclude that the convicted person is actually innocent.
The CIU does not review convictions obtained against a person who is now deceased.
The CIU does not review convictions obtained in any other State, in any federal proceeding, or in any Georgia county other than Gwinnett County.
The CIU does not review convictions that assert that newly discovered evidence supports only an affirmative defense, such as consent, self-defense, or lack of intent.
The CIU may also, in its discretion, investigate other claims of actual innocence in extraordinary circumstances.
Overview of the Process
IMPORTANT REMINDER: A submission to the CIU does not extend any appellate timelines and does not toll the statute of limitations for seeking federal habeas relief or any other relief.
It is preferred that the Applicant submit the completed application online to request review of the case.
Make sure to include the name of the convicted person, the case number, your contact information including a mailing address, cellular number, and E-mail, and specific information explaining why your case is one of actual innocence. The CIU will not consider claims presented through telephone calls.
The Applicant may also submit the application by mail (it is strongly encouraged that the Applicant sends the application by certified mail) to:
Gwinnett County District Attorney’s Office
Conviction Integrity Unit
75 Langley Drive
Lawrenceville, Georgia 30046
Or email DACIU@gwinnettcounty.com
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Complete la solicitud en línea, haga clic aquí .
Y envíela por correo electrónico a DACIU@gwinnettcounty.com.
O por correo certificado a
Gwinnett County District Attorney’s Office
Conviction Integrity Unit
75 Langley Drive
Lawrenceville, Georgia 30046
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All received applications go through an initial screening process. The CIU first reviews the application to confirm eligibility for consideration. The CIU also reviews the procedural history of the case to find out whether the evidence on which the claim of innocence is based has already been considered by the court which imposed the conviction.
If the CIU makes a preliminary decision to re-open an investigation into the case, your request will be placed in our queue in the order it was received. If the CIU finds the convicted person is eligible, then it will investigate the newly available evidence and the history of the case. The CIU operates on the expectation that the convicted person has produced (or will voluntarily make available) all the evidence, documents and information relevant to the claim of actual innocence that are in the possession or under the control of the convicted person.
Once the CIU makes a preliminary determination to re-open a case, we work to obtain as much information in each case as possible – which may include attempting to locate the District Attorney’s file, the investigative agency’s file, and any information from the forensic laboratory, if applicable. Sometimes, obtaining information in the case may be faster or slower depending on many factors, such as the age of the case, the original investigating agency, and the charge. Please be patient and wait until you hear from us.
Finally, the CIU will submit recommendations to the District Attorney for consideration. There is no timeline for the D.A.’s final decision. Once the decision is made, the convicted person will be notified in writing or by email. If the convicted person receives a favorable decision, future court proceedings will likely be necessary. That is because regardless of the D.A.’s determination, the final decision regarding changes to any conviction or sentence modifications will be made ultimately by a court of law.
For more information please review these Frequently Asked Questions.
