(a)  In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that:

(1)  Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all or part of said sentence; and

(2)  On grounds not inconsistent with innocence:

(i)  Claimant was pardoned of the crime or crimes upon which claimant was sentenced and that are the grounds for the complaint; or

(ii)  The judgment of conviction was vacated for reasons other than the ineffective assistance of counsel; or

(iii)  The judgment of conviction was reversed for reasons other than the ineffective assistance of counsel; and

(iv)  The accusatory instrument was dismissed; and

(3)  The claim is not time-barred by the provisions of this chapter.

medical exam

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Terms Used In Rhode Island General Laws 12-33-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  The claims shall be verified by the claimant.

(c)  If the court determines after an examination of the claim that the claimant has not alleged sufficient facts to succeed at trial it shall dismiss the claim, either on its own motion or on the state’s motion.

History of Section.
P.L. 2021, ch. 235, § 1, effective July 8, 2021; P.L. 2021, ch. 236, § 1, effective July 8, 2021.