Beyond assisting our clients with their claims of
actual innocence in court, we also strive to shed light on the problems in the criminal legal system that allow innocent people to be convicted of crimes they did not commit by advocating for greater accountability in the justice system.
Cases of
actual innocence in Wisconsin (will look at cases from neighboring states, or beyond in exceptional circumstances)
A claim of
actual Innocence in habeas proceedings can not be deemed a waiver of the attorney / client and work product privileges.
Watford won a Writ of
Actual Innocence in the Virginia Supreme Court last month, becoming the first person in Virginia to win a Writ that was opposed by the Attorney General's office.
Not exact matches
Maybe his
innocence about the numbers masks his disappointment
in them: the company's original sales projection of $ 691,440
in its first 12 months of operation was a little optimistic; its
actual sales for that period were $ 155,610.
Upon careful analysis, at least ten such points become apparent: (1) Blake alone among Christian artists has created a whole mythology; (2) he was the first to discover the final loss of paradise, the first to acknowledge that
innocence has been wholly swallowed up by experience; (3) no other Christian artist or seer has so fully directed his vision to history and experience; (4) to this day his is the only Christian vision that has openly or consistently accepted a totally fallen time and space as the paradoxical presence of eternity; (5) he stands alone among Christian artists
in identifying the
actual passion of sex as the most immediate epiphany of either a demonic or a redemptive «Energy,» just as he is the only Christian visionary who has envisioned the universal role of the female as both a redemptive and a destructive power; (6) his is the only Christian vision of the total kenotic movement of God or the Godhead; (7) he was the first Christian «atheist,» the first to unveil God as Satan; (8) he is the most Christocentric of Christian seers and artists; (9) only Blake has created a Christian vision of the full identity of Jesus with the individual human being (the «minute particular»); and (10) as the sole creator of a post-biblical Christian apocalypse, he has given Christendom its only vision of a total cosmic reversal of history.
Unless the pardoner presents strong evidence for the pardonee's
actual innocence, a pardon tends to convict the recipient
in the court of public opinion.
Liptak cites dictum from a 1993 decision, Herrera v. Collins,
in which Chief Justice William H. Rehnquist wrote for the court,» [W] e may assume, for the sake of argument
in deciding this case, that
in a capital case a truly persuasive demonstration of «
actual innocence» made after trial would render the execution of a defendant unconstitutional and warrant federal habeas relief.»
Separate research by the
Innocence Project into 23 DNA exonerations
in New York found that police had identified the
actual perpetrators
in 10 cases, nine of whom had gone on to commit new crimes while wrongfully convicted defendants sat
in prison.
If, however, you were convicted, and the Court found that you knew that the victim hadn't died at the time of trial, but you did not raise the fact that the victim wasn't dead, it isn't clear if you could have the original conviction vacated because it was a fair trial and you knew evidence sufficient to get yourself acquitted (which you may have refrained from presenting to avoid conviction on a lesser charge like kidnapping or aggravated assault), and the status of an «
actual innocence» grounds for vacating a conviction after trial is hotly disputed, conservatives like the late Justice Scalia generally say «no», liberals generally say «yes», moderates like to say «yes» but make it almost impossible to establish except
in rare cases like one where a live person walks
in when there was a murder conviction for killing that actually living person.
The problem is that if every overturning of a conviction required the courts to additionally declare the
actual innocence of the accused, then (1) the courts would be required to make patently false statements (when
actual guilt is clear, but the path to conviction was improper) which would be bad, and (2) the negative consequences of over-applying such a requirement for exoneration would no doubt lead to a serious decrease
in the probability of any conviction being overturned on procedural grounds.
In 2016, MAIP and the UBIPC successfully stopped an attempt to undo a court decision finding that the state did not have the right to appeal when a defendant won a Writ of
Actual Innocence.
In 2012, MAIP worked with the Virginia Attorney General and the Innocence Project to lower the standard for a Writ of Actual Innocence, making it more achievable in the wake of the decision in the Thomas Haynesworth cas
In 2012, MAIP worked with the Virginia Attorney General and the
Innocence Project to lower the standard for a Writ of
Actual Innocence, making it more achievable
in the wake of the decision in the Thomas Haynesworth cas
in the wake of the decision
in the Thomas Haynesworth cas
in the Thomas Haynesworth case.
As an incentive for states to consider claims of
actual innocence, section 413 of the IPA awards grants to eligible entities
in states that meet certain requirements.
You were misidentified as the person who committed the crime, when,
in fact, you have a solid alibi (
actual innocence).
Efforts to appeal Seward's conviction were denied, but
in 2009, his attorney filed a Writ of
Actual Innocence, and
in 2012 the Circuit Court for Baltimore County granted Seward a new trial.
A one - letter change
in Virginia's writ of
actual innocence law five years ago that was dismissed by some as inconsequential may have made a big change
in the life of a Chesapeake man exonerated last week of a 1977 rape.
In April of 2014, MAIP and lawyers from Miller & Chevlier, as well as the Richmond Commonwealth Attorney Michael Herring, petitioned Virginia Governor Terry McAuliffe for an absolute pardon based on
actual innocence.
Statutes of limitations, limiting the time
in which a prisoner can seek a new trial based on newly discovered evidence, can not limit courts» ability to consider new evidence of
actual innocence.
Particularly interested
in applications from Spanish - speaking inmates who are
in an Illinois prison, who are claiming
actual innocence, and who have more than 8 years still to serve on their sentence
Trial courts must be allowed to exercise discretion to grant additional discovery
in post-conviction matters where there is a colorable claim of «
actual innocence.»
Advances
in scientific research
in arson cases support Souliotes» claim of
actual innocence and he exercised due diligence
in bringing claim forward.
Raj Rajaratnam asked the Second Circuit on Monday to toss five of 14 insider - trading counts for which he is serving an 11 - year sentence, but a judge at oral arguments said his latest bid for a shorter prison term did not look like something a prisoner who has exhausted his direct appeal would argue
in support of a finding of «
actual innocence.»
should be maintained to allow those who have completed their sentences to access courts
in order to prove their
actual innocence.
Issue: Discussing the availability of an «
actual innocence» claim
in federal habeas corpus proceedings.
Actual innocence reversal
in Virginia rape case — Fairfax criminal lawyer (Copyright deposit photos)
«A petitioner
in this circumstance can not simultaneously occupy the status of innocent and be required to prove her
actual innocence of a crime the Commonwealth declined to prosecute.»
Instead, according to the Colorado Supreme Court, criminal defendants seeking a return of funds paid
in conjunction with a later - vacated conviction must bring a separate civil suit under a Colorado statute — the Exoneration Act —
in which, among other burdens, plaintiffs apparently have to prove their
actual innocence by clear and convincing evidence
in order to recover.
Texas A&M School of Law students,
in collaboration with The
Innocence Project of Texas, can earn course credit by investigating the cases of defendants who claim actual innocence, even after all appeals hav
Innocence Project of Texas, can earn course credit by investigating the cases of defendants who claim
actual innocence, even after all appeals hav
innocence, even after all appeals have failed.
When her fellowship ended, the investigation
in Sabein's case was complete, and Susan and the legal team were preparing to file a Petition for Writ of
Actual Innocence.