Sentences with phrase «for actual innocence»

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.

If there is one motif that is common to all forms of romanticism — and here I am speaking of romantic theory and not of the actual poetry of the so - called romantic poets — it is a nostalgia for the lost innocence of a primordial beginning and a yearning for an original and undifferentiated form of consciousness.

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.»

Last but hardly least, the case could set the stage for a decision on an issue never squarely decided by the court — whether the Constitution forbids the execution of a defendant who can demonstrate «actual innocence.»

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 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 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.

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.

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.

Courts have authority to consider new evidence of actual innocence without regard to the statutory one - year limitation period for newly discovered evidence, and that the standard for granting a new trial based upon newly discovered evidence should not be a strict «outcome - determinative» test, at least where the state relied at trial upon facts that turned out to be false.

Advocate for the release and / or exoneration of individuals whose cases present meritorious innocence claims based on evidence of actual innocence;

Relevant exculpatory DNA evidence can satisfy the Schlup v. Delo actual Innocence gateway standard for permitting habeas review of otherwise procedurally defaulted claims.

The Schlup actual innocence exception recognized for successive petitions applies to the one - year statute of limitation for filing an original petition for habeas corpus relief.

Ms. Ayers also provides various pro bono legal services, including for matters involving claims of actual innocence.

Actual innocence — false allegations based on a family or domestic conflict, or another person's anger, jealousy, or desire for revenge;

Further, once we have agreed to work on a case, we reserve the right to withdraw for any reason, including an inability to prove a claim of actual innocence

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.»

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.

The inmate must be seeking to establish his or her actual innocence of the crime (s) for which he or she is incarcerated.

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.