Terms Used In Utah Code > Title 78B > Chapter 9 > Part 5 - Conviction Integrity Units Act

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Bona fide and compelling evidence: means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
       (1)(a) the convicted person is significantly likely to be factually innocent;
       (1)(b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
       (1)(c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:

            (1)(c)(i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or

            (1)(c)(ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence. See Utah Code 78B-9-502
• Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502
• Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502
• 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.
• Factually innocent: means the same as that term is defined in Section Utah Code 78B-9-502
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502
• Newly discovered material evidence: means the same as that term is defined in Section Utah Code 78B-9-502
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502
• Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Verdict: The decision of a petit jury or a judge.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5