No. There are several innocence projects across the country. The CIU is part of the Department of Attorney General. The CIU sometimes works with innocence projects as part of the investigation and review process.
No. The CIU works for the Attorney General on behalf of the State of Michigan. CIU attorneys cannot offer legal advice. You should consider contacting an innocence project or retaining private counsel if you would like legal advice.
The defendant or any person authorized by him or her can file a claim with the CIU. The person convicted of the offense can file a claim. A family member or friend of the defendant can file a claim. A lawyer acting on behalf of the defendant may also file a claim.
A claim will receive our attention regardless of whether it is submitted by a lawyer. If a lawyer represents the defendant, the CIU will communicate through the lawyer only, in accordance with the Michigan Rules of Professional Conduct.
The CIU investigates claims that meet the following essential criteria:
No, however keep in mind that re-investigating cases without DNA or other forensic evidence is more difficult. They also take more time.
Yes. Because the CIU’s focus is on claims that could result in the exoneration of a defendant from any role in a crime, the CIU generally will not investigate claims that newly discovered evidence supports an affirmative defense like a claim of consent, self-defense, or lack of intent. Nor will the CIU consider claims that a decision to prosecute was not appropriate or that a sentence was unfairly harsh.
Yes. A person who was convicted after a guilty plea is eligible for consideration by the CIU. But remember, the CIU will only investigate a claim by a person who maintains factual innocence. This requires that the applicant be free of criminal responsibility for the crime he/she was convicted of.
No. The CIU exists to correct convictions of innocent people. A person can get relief even if the true offender is never identified.
You must present new information that must not have been addressed by any court either at trial, during appeals, or during other post-conviction challenges. The CIU cannot review a case on the basis of your disagreement with the verdict.
The defendant can file a claim with the CIU at any time after conviction and after the exhaustion of the direct appeal. There is no requirement that the person be in custody when filing a claim. The person convicted of a felony does not need to reside in Michigan to seek relief from the CIU as long as the conviction was for violation of Michigan law.
No. There are important differences between a review by the CIU and any appellate filings. The CIU was not created by statute. Its investigations are not part of a court action. It is not governed by any court rules. The CIU does not focus on determining whether important constitutional rights were violated. It focuses on determining whether an innocent person has been wrongfully convicted.
The CIU is an independent unit in the Department of Attorney General. It is staffed by lawyers, investigators, support staff, and student interns. They have decades of experience in the criminal justice system. The people involved in the original case and trial do not review the claims brought to the CIU.
The CIU first reviews the claim to make sure it qualifies for review. This means the CIU confirms that the case raises a claim of “factual innocence.” The CIU also reviews the history of the case. This is to make sure that the claims have not been decided by a court.
The CIU lawyers review materials from the criminal case. They do this after concluding that the claim qualifies for review. This includes police reports, lab reports, transcripts, and pleadings. The CIU investigators will locate and interview witnesses. The witnesses should support the claim of innocence. New or additional analysis of physical evidence may be required. The unit will arrange to perform those tests, where possible.
The CIU may interview the applicant. The CIU may also interview the lawyer(s) who represented the applicant.
The CIU expects the applicant to submit everything related to the claim of factual innocence. This includes all the evidence, documents, and information to which the claimant has access. The CIU reaches decisions based on all relevant information. The CIU tries to evaluate every claim of factual innocence brought to its attention. Please keep in mind that the CIU cannot immediately investigate every claim it receives.
The Attorney General will determine issues of conflicts of interest. This will be done on a case-by-case basis.
The CIU is aware that claimants are anxious to know that their claim has been received. They also want to know when the CIU has reached its decision.
The CIU tries to keep every claimant notified about the process. The CIU conducts an initial screening process to determine whether the claim is eligible for consideration upon receipt of a written claim. If this initial review shows that the claim is not eligible, the CIU will notify the claimant in writing. The Unit will take no further action.
The CIU will notify the claimant of the next steps in the process if the initial review shows that a claim may qualify for review. The CIU will work with claimants or their counsel to pursue factual investigations. Claimants do not have an absolute right to know all investigative activities during the investigation. The Unit reserves the right to determine when it will disclose investigative efforts. It also reserves the right about when it will disclose results. This protects the integrity of the investigation.
The CIU will inform claimants of the conclusions reached about their claim.
The CIU evaluates, investigates, and makes recommendations to the Attorney General but the final decision on whether to agree to relief rests solely with the Attorney General. The nature or form of any agreed upon relief is at the Attorney General’s discretion. But only a court can set aside a conviction.
The existence of the CIU does not create or confer any “right” on those who bring claims of factual innocence. There is no “right” to appeal the CIU’s determinations. The Unit’s investigation is not part of a court proceeding. Its decisions do not prevent a claimant from raising the same claims in another forum, such as a Motion for Relief from Judgment.
The CIU will share evidence developed during its investigation with other Department of Attorney General units. Evidence will also be shared with the local prosecuting agency.
