HB 6449 Summary

• Allows individuals convicted of first-degree murder under felony-murder theory before November 24, 1980, who are serving life without parole to file a motion for new trial if jury was not properly instructed on prosecution's burden to prove malice beyond reasonable doubt.

• Defendant bears initial burden of proving both lack of proper jury instruction and that they were not concurrently convicted of premeditated murder for the same victim.

• If defendant meets their burden, prosecution must then prove existence of malice beyond reasonable doubt based on trial court record; conviction vacated if prosecution fails, with court able to enter lesser included offense conviction.

• Indigent defendants are entitled to appointed counsel for motions filed under this section; either party may appeal trial court decision to court of appeals as of right.

• Individuals obtaining relief under this section are ineligible for compensation under the wrongful imprisonment compensation act based on this relief.