APPLICATION TO REQUEST REVIEW BY THE CONVICTION INTEGRITY UNIT CLAIM OF ACTUAL INNOCENCE

Instructions

Please read the "Eligibility" and "Notifications" sections below. Before you submit this application, please try to complete all the information requested. If you are sending an application by mail, please write legibly in ink so that it is easy to read. If the space provided is not enough, please place your answers on a separate page and attach it to this application.

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.

Notifications

This application does NOT convey legal advice or legal rights.

If the CIU engages in a review of the conviction it is likely the CIU may request additional information from the Applicant. It also is possible that the CIU will request information from others identified as having relevant information, including attorneys.

Any person who completes and submits this application should recognize that you have the right not to provide information to an agency of government about a criminal matter. By submitting this application, you agree that any information you provide in this form is given freely and that no promise has been conveyed to you.

The CIU may request that you authorize the attorney(s) who represented you in the criminal case to discuss your case with us. The CIU cannot require that your lawyer speak about your case without your permission. The CIU may consider your case even if you decline to provide all the information requested, or if you decline to authorize an interview of your attorney.

The CIU reserves the right, however, to consider such refusals when reaching its decisions and recommendations.

DUE TO THE HIGH VOLUME OF REQUESTS, IT WILL TAKE TIME TO REVIEW YOUR SUBMISSION. WE ASK FOR YOUR PATIENCE UNTIL YOU HEAR BACK FROM US.

Check each statement below to show your understanding and agreement with the following:

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