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.
A
claim of actual Innocence in habeas proceedings can not be deemed a waiver of the attorney / client and work product privileges.
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.
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.
From that we can conclude that there were other grounds that the majority did not agree with: they presumably concluded that there was not sufficient evidence to sustain a conviction, but also not enough enough evidence to support a
declaration of actual innocence.
That year, we also worked with UBIPC and OPD to stop a bill that would have attempted to gut the right to appeal under the
Write of Actual Innocence.
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.
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.
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.
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.
Cases
of actual innocence in the Netherlands (will accept cases from countries inside and outside of Europe as well)
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 case.
In 2015, MAIP filed briefs in Maryland v. Seward and Maryland v. Yonga, two cases interpreting the Writ
of 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.
Evidence
of actual innocence is sufficient in this case to overcome procedural bars and warrants an evidentiary hearing.
Meaningful access to public records is essential to identifying meritorious claims
of actual innocence, analyzing the criminal justice system and advocating for reform.
The court states that the defendant's evidence
of actual innocence was insufficient to satisfy Schlup v. Delo's threshold requirement for asserting an actual innocence claim.
Advocate for the release and / or exoneration of individuals whose cases present meritorious innocence claims based on evidence
of actual innocence;
On April 7, 2016, the Supreme Court of Virginia granted Keith Harward's Writ
of Actual Innocence, and the following day he was released from prison a free man.
In March 2016, lawyers from the Innocence Project and from Skadden, Arps, Slate, Meagher & Flom LLP — including MAIP board member Donald Salzman — filed a petition for a Writ
of Actual Innocence, after results from DNA testing proved that Harward could not have committed the crime.
Ms. Ayers also provides various pro bono legal services, including for matters involving claims
of actual innocence.
While accepting such responsibility was essential for Brown to have had even a remote shot at parole, that responsibility acceptance alone eliminated the possibility of his prevailing with his petition for a writ
of actual innocence.
This is the second of a two - part article on Virginia petitions for writs
of actual innocence (part one is here), and Sherman Brown's recent loss of his actual innocence petition.
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
IPF provides legal assistance free of charge to inmates with claims
of actual innocence.
Learn more about the individuals who were proven innocent in Florida through post-conviction DNA testing and other new evidence
of actual innocence.