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Pursuing Erroneous Conviction Claims: From Complaint Through Trial

Tuesday, November 19, 2013 5:00 PM to 6:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


The Erroneous Conviction Law, G.L. c. 258D, serves as the exclusive method by which individuals can recover money for being incarcerated for crimes they claim to have never committed.  It is arguably one of the most unique statutory schemes in the Commonwealth, intersecting criminal investigations and prosecutions with the civil procedural process.  In no other action could an individual have the burden to prove his innocence, a prosecutor could be deposed, and a victim could not be compelled to testify.

With the recent state crime lab scandal, and the further attacks on eyewitness credibility and identifications, more criminal defendants who have their convictions overturned will most likely be pursuing these actions for money damages against the Commonwealth.  This panel presentation – consisting of both plaintiff and Attorney General representatives – will discuss the latest caselaw and practice tips in this emerging area of the law.  Topics will include initiating an erroneous conviction case and the applicable eligibility requirements, all aspects of discovery, and finally settlement or trial. 


Sponsoring Section/Committee(s):




Jennifer Jones


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