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On April 26th, the Court of Appeals of New York, its State Supreme Court heard oral arguments in a case

which should offend who had pled guilty later claims she was actually innocent.

During those oral arguments the Chief Justice of that Court posed a hypothetical.

And I want to...

Let's talk about for a second newly discovered evidence in the context of this actual innocence claim for a person who has pled guilty.

The guilty plea was constitutionally obtained. She was properly counseled.

We're not talking about DNA evidence.

Is there any hypothetical that you can think of where that person who developed newly discovered evidence after the guilty plea,

that proves that she is innocent?

The legislature has identified a single instance. DNA.

The legislature has...

Let's not talk about DNA. Let's talk about the person who is misidentified as the perpetrator of a crime.

Based on that, he or she pleads guilty to the crime as sentenced.

And then five years later someone comes forward and says, I was at my window.

I videotape the whole crime. You got the wrong guy. Here is the videotape of the actual person.

...