She has also served as president of the North Carolina Center
on Actual Innocence, a nonprofit organization she helped found, which is dedicated to assisting wrongly convicted North Carolina inmates obtain relief, and a member of the North Carolina Chief Justice's Criminal Justice Study Commission (formerly the Commission
on Actual Innocence), the North Carolina Chief Justice's Commission on Professionalism, and the North Carolina Bar Association Administration of Justice Committee.
Copies of «Ghost of the Innocent Man» about exoneree Willie Grimes signed by the author given away on http://www.nccai.org/ and on North Carolina Center
on Actual Innocence's social media.
The court therefore found it unnecessary to address whether it was impermissible to impose a «due diligence» requirement
on an actual innocence claim.
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.
Not exact matches
Drama based
on actual interrogation tapes shows how man claiming
innocence was pushed to confess
Gleick has thus far confessed only to obtaining
actual documents through impersonation (though he has not yet been charged with wire fraud), but has claimed
innocence on the forgery allegation.
Gleick has thus far confessed only to the crime of fraudulently obtaining
actual documents (though he has not been charged yet), but has claimed
innocence on the forgery.
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.»
When evidence of
actual innocence is uncovered later
on, courts may find technicalities to refuse to consider it; to refuse to consider the truth that a mistake was made.
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.
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
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.
Actual innocence — false allegations based
on a family or domestic conflict, or another person's anger, jealousy, or desire for revenge;
Through this investigation, our skilled criminal defense attorneys will attempt to uncover information that helps to prove your
innocence and / or cast doubt
on your
actual guilt.
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.
They just focus more and more
on the innocent guy, the
actual offender remains free to strike again, and the
Innocence Project gets another case.