2021 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 12 - Appeal, Exceptions and New Trial
Article 4 - Postconviction Determination of Factual Innocence
Section 7-12-402 - Definitions.

7-12-402. Definitions.

(a) As used in this act:

(i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence;

(ii) "Factual innocence" or "factually innocent" means a person:

(A) Did not engage in the conduct for which he was convicted;

(B) Did not engage in conduct constituting a lesser included or inchoate offense of the crime for which he was convicted; and

(C) Did not commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he was convicted.

(iii) "Forensic science" is the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues;

(iv) "Newly discovered evidence" means evidence that was not available to the petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, including:

(A) Evidence that was discovered prior to or in the course of any appeal or post-conviction proceedings that served in whole or in part as the basis to vacate or reverse the petitioner's conviction;

(B) Evidence that supports the claims within a petition for post-conviction relief under W.S. 7-14-101 through 7-14-108 that is pending at the time of the court's determination of factual innocence under this act; or

(C) Relevant forensic scientific evidence that was not available at the time of trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial, or that undermines forensic evidence presented at trial. Forensic scientific evidence is to be considered as "undermined" if new research or information exists that repudiates:

(I) The foundational validity of the challenged evidence or testimony. "Foundational validity" means the reliability of the method to be repeatable, reproducible and accurate in a scientific setting; or

(II) The applied validity of the method or technique. "Applied validity" means the reliability of the method or technique in practice.

(v) "This act" means W.S. 7-12-401 through 7-12-407.