Q: California Penal Code section 1473 has been around since the 1970's. What changed "effective January 1, 2023
Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.
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A:
Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective assistance of counsel, and other factors that may have resulted in a wrongful conviction.
Regarding your specific scenario, where a person has been incarcerated for 27 years and wishes to argue that the ski mask presented as evidence during the trial is not the same ski mask depicted in the officers' crime scene photo, it may be possible to raise this issue under the revised provisions of the law. However, it is important to note that simply arguing that the ski mask is different may not be sufficient on its own.
To pursue such a claim effectively, it would be crucial to gather supporting evidence and present a compelling argument that demonstrates a reasonable likelihood that the conviction was based on false or misleading evidence. This could involve conducting a thorough investigation, including reexamining the original trial record, gathering expert opinions, and potentially obtaining new scientific or technological evidence that supports the claim of a discrepancy between the ski masks.
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