Santana v. Commonwealth

I write separately from the majority in order to emphasize and elaborate on the central legal question in this case. I believe that Santana has not shown that he has “been granted judicial relief by a [Sjtate court of competent jurisdiction, on grounds which tend to establish the innocence of the individual.” G. L. c. 258D, § l(B)(ii), inserted by St. 2004, c. 444, § 1.

Santana was convicted of rape as a lesser included offense of an aggravated rape count. See Commonwealth v. Phineas P., 79 Mass. App. Ct. 1109 (2011) (Phineas P.) (plaintiff and codefendant were both convicted of penile-vaginal…