Amicus Brief of National Association of Criminal Defense Lawyers (NACDL).
Argument: A miscarriage of justice is not always evident until years later. DNA exonerations have exposed that faulty science often leads to wrongful convictions. Newly discovered evidence constitutes a claim for relief and an exception to the time bar. Advances in science can constitute newly discovered evidence. Due diligence should not require premature filing. Both the rule of lenity and the constitutional avoidance doctrine mandate the statutory construction urged by Ms. Fero.