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Justice committee  As part of the statute, it requires that the chief justice and chief judge consider diversity in gender, racial makeup and the geographic diversity of the state. Therefore, when we send the appointment information to the chief justice and the chief judge, something I always let them know is what the current makeup of the commissioners is and who's leaving, so that they have an idea of where they might need to go.

November 28th, 2023Committee meeting

Lindsey Guice Smith

Justice committee  I want to make clear that it's not previously presented at trial, so it could have been available, but it can't have been presented at trial. That is one factor. When they apply to the commission, they can tell us what is new, but it is not necessary for them to always know what is new.

November 28th, 2023Committee meeting

Lindsey Guice Smith

Justice committee  We have a three-step process. We are a state agency. Our staff are state employees. They do the day-to-day operations. Once there is some credible, verifiable evidence of innocence, it's the director's discretion as to whether that case moves forward to a hearing. If it is moved forward to a hearing, that is heard by our commissioners.

November 28th, 2023Committee meeting

Lindsey Guice Smith

Justice committee  When we are presenting the case to the commissioners, all relevant evidence is presented—all parts of it, the good, the bad and the ugly. It's non-adversarial. When it goes to the three-judge panel, it becomes adversarial, and the parties get to present what works for them. They may present it in the light most favourable to their client, and it will look a little bit different from what it does before our commissioners.

November 28th, 2023Committee meeting

Lindsey Guice Smith

Justice committee  Thank you, Madam Chair. The North Carolina Innocence Inquiry Commission is the United States' first and only independent state agency charged with the neutral investigation of post-conviction claims of factual innocence. The preamble to the legislation that created the Innocence Inquiry Commission in 2006 states: Whereas, postconviction review of credible claims of factual innocence supported by verifiable evidence not previously presented at trial or at a hearing granted through postconviction relief should be addressed expeditiously to ensure the innocent as well as the guilty receive justice; and Whereas, public confidence in the justice system is strengthened by thorough and timely inquiry into claims of factual innocence; and Whereas, factual claims of innocence, which are determined to be credible, can most effectively and efficiently be evaluated through complete and independent investigation and review of the same… This preamble encompasses the commission's mission.

November 28th, 2023Committee meeting

Lindsey Guice Smith