A recent Tanasi Law Offices client had her identity stolen. The thief then went and stole from a local store. The thief was caught and convicted of petit larceny. The thief used my client’s stolen identity through the entire legal process (arrest through conviction). As a result, my client’s name (not my actual client) was convicted of misdemeanor petit larceny. Because my client is factually innocent, the Court will issue an Order outlining my client’s actual innocence. At Tanasi Law Offices, we represent people both accused of identity theft, and those falsely accused of a crime because of identity theft. Understanding both sides of any legal issue is essential to quality legal representation.
Authority: In Nevada, a sentencing court may under certain circumstances, entertain a motion to vacate or modify its orders and judgments. See, State v. Eighth Judicial Dist. Court, 100 Nev. 90, 677 P.2d 1044, 1984 Nev. LEXIS 330 (Nev. 1984) citing Warden v. Peters, 83 Nev. 298, 429 P.2d 549 (1967). One such circumstance can be actual innocence. In order to demonstrate a fundamental miscarriage of justice, a petitioner must make a colorable showing of actual innocence—factual innocence, not legal innocence. Pellegrini, 117 Nev. at 887, 34 P.3d at 537; see Calderon v. Thompson, 523 U.S. 538, 559, 118 S. Ct. 1489, 140 L. Ed. 2d 728 (1998). Actual innocence means that “it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence.'” Calderon, 523 U.S. at 559 (quoting Schlup v. Delo, 513 U.S. 298, 327, 115 S. Ct. 851, 130 L. Ed. 2d 808 (1995)); see also Pellegrini, 117 Nev. at 887, 34 P.3d at 537.