CIU APPLICATION REQUEST

CONVICTION REVIEW REQUEST QUESTIONNAIRE FORM

INSTRUCTIONS – READ CAREFULLY

The Jefferson County District Attorney’s Office, Bessemer Division may review, upon request, certain convictions that occurred in Jefferson County. This questionnaire is considered a person‘s request to have their claim of innocence reviewed.

IF THE CONVICTION YOU WANT REVIEWED OCCURRED IN ANOTHER COUNTY OR IN A FEDERAL COURT, STOP HERE. CONVICTIONS THAT OCCUR OUTSIDE OF JEFFERSON COUNTY OR IN A FEDERAL COURT WILL NOT BE ELIGIBLE FOR REVIEW. 

IF THE MATTER YOU WANT REVIEWED DID NOT RESULT IN A CONVICTION, STOP HERE. MATTERS THAT DO NOT RESULT IN A CONVICTION WILL NOT BE ELIGIBLE FOR REVIEW.

IF AN APPEAL, PETITION, OR WRIT IS PENDING IN THIS MATTER, THE CONVICTION REVIEW UNIT WILL NOT CONSIDER THE MATTER UNTIL A DETERMINATION IS MADE BY THE COURT.

IF AN APPEAL, PETITION OR WRIT IS FILED AFTER A CONVICTION INTEGRITY REVIEW IS REQUESTED, THE CONVICTION REVIEW PROCESS WILL BE TEMPORARILY HALTED UNTIL THE COURT MAKES A DETERMINATION.

The Conviction Integrity Unit will review cases that meet the following criteria:
  • The conviction must have occurred in the 10th Judicial Circuit of Alabama – Jefferson County, Bessemer Division.
  • The applicant must present a claim of actual innocence (he/she did not commit or participate in the crime.)
  • The convicted person must be living. The CIU will not review convictions of a person who is deceased.
  • The conviction must be of a serious, violent, felony offense with individuals who are incarcerated being the highest priority of review.
  • The claim must be supported by information or evidence not previously litigated before the original trier of fact (Judge or jury).
  • The claim must be capable of being investigated and resolved, and if substantiated, would bear directly on the issue of innocence.
  • The CIU will not attempt to act as a thirteenth juror and reweigh evidence.
  • The CIU will not consider requests for review while any appeal, petition, or writ is pending in court. If during CIU review an appeal, writ, or petition is filed, the conviction review process will be halted until the Court render a determination on the new filing.
  • The claim must not be frivolous.
A plea of guilty is not a bar to review.  However, the case will be subjected to a higher level of scrutiny.
 
The primary purpose of the CIU is to evaluate claims of innocence based on information and evidence not presented to the original trier of fact. The CIU will consider new information and evidence, along with information and evidence that had been previously presented. The CIU is not reviewing lawful sentences.
 
The following information is required for the Conviction Integrity Unit of the Jefferson County District Attorney’s Office, Bessemer Division to consider your request and determine whether the conviction will be reviewed:

Step 1 of 5

  • Initial each statement below to indicate your understanding and agreement:
  • Acknowledgment of receipt of the application by the District Attorney’s Office does not indicate acceptance of the case for investigation, nor does it infer acceptance of the validity of the claim of innocence.
  • Requesting review of your case by our office does not toll the time you have to pursue post-remedies, such as file an appeal or post-conviction motions.
  • I understand this is an extrajudicial process and there is no right of appeal from declination by the CIU. All decisions made by the CIU, including the decision to accept an application in regard to re-opening a case investigation, as well as how the claim will be investigated and resolved, are at the discretion of the Jefferson County District Attorney’s Office, Bessemer Division.
  • Date Format: MM slash DD slash YYYY
  • If presently incarcerated, please provide the following information
  • If not incarcerated, please provide the contact information for the convicted person

ALL COMMUNICATION WILL BE IN WRITING. PLEASE DO NOT CALL OR
HAVE ANYONE CALL THE DISTRICT ATTORNEY’S OFFICE.

IF YOU ARE REPRESENTED BY COUNSEL, THIS FORM MUST BE SUBMITTED BY YOUR ATTORNEY.

Once completed, submit this questionnaire and attached documents to ciu@jeffcobessemerda.org

Or mail to:

Office of the District Attorney, Bessemer Division
Conviction Integrity Unit
P.O. Box 1207
Bessemer, Alabama 35021