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Article • June 18, 2018 • from CLN July, 2018
Filed under: Wrongful Conviction
Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute by Dale Chappell by Dale Chappell The change of a single word in Virginia’s actual innocence statute “fundamentally changed the nature” of actual innocence inquiries, the Supreme Court of Virginia announced, finding a petitioner proved his actual innocence under the …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Article • May 15, 2018 • from CLN June, 2018
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke by Matthew Clarke The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse …
Article • April 19, 2018 • from CLN May, 2018
Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination by David Reutter by David M. Reutter The death penalty is sold by its advocates as a crime deterrent or a penalty reserved for the most heinous of crimes. The reality is that the death penalty is often used …
Article • April 19, 2018 • from CLN May, 2018
Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana by Dale Chappell by Dale Chappell The State failed to prove that packages of marijuana hidden in a car truck were in the “constructive possession” of a passenger, who was unaware they were there especially when …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Wrongful Conviction, Police
Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant by Matthew Clarke by Matt Clarke In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation …
Brief • April 6, 2018
Trulove v. D'Amico et al., CA, Police Framed Murder - verdict 2018 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 1 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 2 of 3 Case 4:16-cv-00050-YGR Document 523 Filed 04/06/18 Page 3 of 3
Article • March 16, 2018 • from CLN April, 2018
Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25% by The Mississippi Supreme Court held that the state statute governing attorney’s fees in wrongful conviction and imprisonment cases sets out an escalation of fees tied to each stage of the case with the fee award capped at …
Article • March 16, 2018 • from CLN April, 2018
Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit granted a California state prisoner’s petition for a writ of habeas corpus and vacated the prisoner’s convictions for first degree murder. The Court, in …
Article • March 16, 2018 • from CLN April, 2018
Miranda Violation: 9th Circuit Reverses Murder Conviction by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals reversed the murder conviction of a 14-year-old boy who confessed to the crime after invoking his right to counsel. The Court concluded that the boy’s Miranda rights were violated. The September …
Article • March 12, 2018
15 Crooked Cop Cases Canned by Christopher Zoukis by Chris Zoukis   Cook County, Illinois Chief Criminal Judge LeRoy K. Martin tossed the convictions of 15 criminal defendants on November 16, 2017 because the cases were linked to disgraced former Chicago Police Sergeant Ronald Watts. All of the men whose …
Kluppelberg v. Burge, IL, Settlement REPORT OF SETTLEMENT Case: Judge Presiding: Nature of Case: Settlement: Kluppelberg v. Burge, et al., No. 13 cv 3963 (N.D. Ill.) Hon. Joan Humphrey Lefkow Section 1983 wrongful conviction $9,300,000.00 Plaintiff: James Kluppelberg Represented by: Jon Loevy Gayle Horn Loevy & Loevy 311 N. Aberdeen, …
Article • February 16, 2018 • from CLN March, 2018
Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint by Richard Resch by Richard Resch The Washington Court of Appeals, Division I determined that the use of specific PowerPoint slides intended to establish the characters of defendant and victim and their actions in conformity therewith amounted to prosecutorial …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Wrongful Conviction
After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned by Christopher Zoukis by Christopher Zoukis Fred Steese spent 21 years in prison for a murder that he did not commit. He was granted an Order of Actual Innocence in 2012, but was released from prison only upon entering an Alford plea—not …
The Fair Punishment Project Details an “Epidemic of Brady Violations” by Christopher Zoukis by Christopher Zoukis The Fair Punishment Project (“FPP”), a criminal justice reform group, released a report in November 2017 detailing an “epidemic” of Brady violations taking place in criminal courts across the country. The U.S. Supreme Court …
Article • January 19, 2018 • from CLN February, 2018
Compensating the Exonerated: State Laws Are Arbitrary and Senseless by Christopher Zoukis by Christopher Zoukis October 2nd of each year marks the Annual International Wrongful Conviction Day. As of October 2, 2017, the third anniversary of the commemorative event, 351 people have been exonerated based on DNA analysis alone. Those …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Wrongful Conviction
Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the First Circuit handed the federal government a significant defeat in a September 8, 2017 opinion, in which it threw out all but one …
Article • December 27, 2017
A Dubious Arrest, a Compromised Prosecutor, a Tainted Plea: How One Murder Case Exposes a Broken System by Megan Rose by Megan Rose, ProPublica.org <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> The case of Demetrius Smith reads like a preposterous legal thriller: dubious arrests, two lying prostitutes, prosecutorial fouls and a judge who backpedaled …
Article • December 19, 2017
$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …
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