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Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar …
Article • August 15, 2022 • from CLN September, 2022
Indirect DNA Transfer Can Result in Miscarriages of Justice by David Reutter DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe by David M. Reutter Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries …
Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction
Manhattan DA Launches Conviction Review Unit by Jayson Hawkins by Jayson Hawkins On April 20, 2022, Manhattan District Attorney Alvin Bragg announced the formation of a Post-Conviction Justice Unit (“PCJU”) to review questionable convictions in Manhattan. The announcement included not only the parameters for filing a petition for review but …
Brief • June 16, 2022
Filed under: Wrongful Conviction
Cooper v. City of Elkhart, IN, Settlement, Wrongfully Convicted, 2022 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This MUTUAL RELEASE AND SETTLEMENT AGREEMENT (the “Agreement”) is made effective this ____ day of June, 2022 (the “Effective Date”), by and among the City of Elkhart, Indiana; Diana Rezutko, as Personal Representative of the …
Article • June 15, 2022 • from CLN July, 2022
Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law by Mark Wilson by Mark Wilson On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation. A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a …
Martinsville Seven Pardoned 70 Years After Execution by Anthony Accurso by Anthony W. Accurso Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949. On January 8, 1949, 32-year-old …
Article • May 1, 2022 • from CLN May, 2022
The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions by Anthony Accurso by Anthony W. Accurso The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context …
Article • March 15, 2022 • from CLN April, 2022
Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter by David M. Reutter A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find …
Article • March 15, 2022 • from CLN April, 2022
Ending Eyewitness Memory Contamination by Matthew Clarke Memory-Expert Psychologists Recommend Stopping All In-Court Identification and Repeated Lineups by Matt Clarke The Heisenberg Uncertainty Principle is a scientific concept in quantum physics explaining that the position and velocity of a sub-atomic particle can never be truly known because the very act …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
A ‘Lucky’ Exoneration in Syracuse by Jayson Hawkins by Jayson Hawkins Before Alice Sebold wrote her New York Times Bestseller, The Lovely Bones, she published a haunting memoir recounting her rape in 1981 when she was a freshman at Syracuse University. The book, Lucky, details not only the experience but …
Article • March 15, 2022 • from CLN April, 2022
Pandemic Pressures Defendants into False Guilty Pleas by David Reutter by David M. Reutter The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Wrongful Conviction
What You Need to Know Before Contacting a Conviction Integrity Unit by Marissa Boyers Bluestine, Kia Hall Hayes by Marissa Boyers Bluestine and Kia Hall Hayes Over the past several years, more and more prosecutors have created conviction integrity units (“CIUs”), or conviction review units (“CRUs”), in their offices. While …
Brief • January 21, 2022
Filed under: Wrongful Conviction
Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE, AT NASHVILLE PAUL SHANE GARRETT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Metropolitan Government of Nashville, Roy Dunaway, Individually, …
Article • January 15, 2022 • from CLN February, 2022
Why Won’t the State of Missouri Release Innocent Men From Prison? by Casey Bastian by Casey J. Bastian There are not many people who can truly relate to the Kafkaesque experience of the three men currently stuck in the Missouri prisons. All three are factually innocent but have spent decades …
Article • November 15, 2021 • from CLN December, 2021
Report Chronicles Growing List of Exonerations by Jayson Hawkins by Jayson Hawkins In the first years of the 21st century, exonerations of men and women who had served decades for crimes they did not commit made national news, both because of the terrible tragedies they represent and because they were …
Article • November 15, 2021 • from CLN December, 2021
Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that time served in prison due to revocation of parole that resulted solely from a wrongful conviction of other …
Brief • October 29, 2021
Filed under: Wrongful Conviction
Bolden v. City of Chicago, IL, Minute Entry Re Jury Verdict, Wrongful Conviction, 2021 Case: 1:17-cv-00417 Document #: 615 Filed: 10/29/21 Page 1 of 1 PageID #:16702 UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3 Eastern Division Eddie L. Bolden, et al. Plaintiff, …
Article • September 15, 2021 • from CLN October, 2021
Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison by Douglas Ankney by Douglas Ankney In April 2021, Jonathan Smith, Sr. was freed after serving nearly 21 years in prison for a murder he did not commit. Last year, the Maryland Court …
Article • September 10, 2021
Charges Dropped Against Man Exonerated by DNA Evidence After 30 Years In Georgia Prison by All charges against Ron Jacobsen were dropped by the District Attorney (DA) for Newnan County, Georgia, on September 1, 2021—over 30 years after he was wrongfully convicted of kidnapping and raping a woman in Covington …
Article • August 23, 2021
Wrongly Convicted Texas Man Suing Corrupt Houston Cop by In a federal lawsuit filed August 13, 2021, a Houston man wrongfully convicted on drug charges is seeking unspecified damages from the disgraced cop who fabricated the evidence that sent him to prison. The now-freed man, Otis Mallet, also seeks damages …
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