When a defendant who has been acquitted of an offense petitions for a finding of factual innocence, what is the burden of proof?

California, United States of America


The following excerpt is from People v. Nelson, 2d Crim. No. B290806 (Cal. App. 2019):

When a defendant who has been acquitted of an offense petitions for a finding of factual innocence, the trial court "holds a hearing at which 'the initial burden of proof shall rest with the petitioner to show that no reasonable cause exists to believe that the [defendant] committed the offense [charged]. If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense [charged].' ( 851.8, subd. (b) . . . .)" (People v. Adair (2003) 29 Cal.4th 895, 902-903 (Adair), brackets in original, fn. omitted.)

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