CRAIN v. STATE (2020)

ORDER OF AFFIRMANCE

Crain claimed the district court erred by denying his petition because he was falsely accused of the crime, the prosecutor committed misconduct, defense counsel was ineffective, and he entered his Alford ¹ plea involuntarily.

The Legislature has recently created a new remedy for people who have been convicted to assert their factual innocence based on newly discovered evidence. See NRS 34.900-.990. “Factual innocence” means the person did not engage in the conduct for which they were convicted, engage in conduct constituting lesser included or inchoate offense of the crime for which they were convicted, commit any other crimes reasonably arising from the facts alleged in the charging document upon which they were convicted, and commit the conduct alleged in the charging document under any theory of criminal liability. NRS 34.920. “Newly discovered evidence” means evidence that was not available at the time of the trial, resolution of a motion to withdraw a guilty plea, or a motion for a new trial, and is material to the issue of factual innocence. NRS 34.930. “[E]vidence is ‘material’ if the evidence establishes a reasonable probability of a different outcome.” NRS 34.940.

The district court held a hearing on Crain's petition, found that Crain failed to provide newly discovered evidence to support his claim of factual innocence, and denied the petition on that basis. We conclude the record supports the district court's finding, Crain failed to establish his factual innocence, and the district court did not err by denying his petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   See North Carolina v. Alford, 400 U.S. 25 (1970).