§ 12-33-2. Statement of claim for compensation.
(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 complai
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§ 12-33-2. Statement of claim for compensation.
(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.
(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.