What is the test for establishing factual innocence in a criminal case?
California, United States of America
The following excerpt is from People v. Adair, 106 Cal.Rptr.2d 514, 88 Cal.App.4th 1297 (Cal. App. 2001):
"Establishing factual innocence, within the meaning of Penal Code section 851.8, entails establishing as a prima facie matter not necessarily just that the arrestee had a viable substantive defense to the crime charged, but more fundamentally that there was no reasonable cause to arrest him in the first place." (People v. Matthews, supra, 7 Cal.App.4th at p. 1056, 9 Cal.Rptr .2d 348, emphasis added.)
2. Appellate Standard.
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