Judge Says State Missed Chance to Respond to Wrongful Conviction Claim

In NY, a judge just issued an order denying the state a chance to respond to the motion by Gary Thibodeau that he should get a new trial, because of new evidence of innocence, in his rape case 20 years ago because the state missed its deadline. I put this in its own story, rather than Quick Clicks, because I find it so unusual.  Most doing post-conviction innocence work are used to being held to strict deadlines, while seeing the prosecution get extension after extension (while our clients sit in prison with substantial evidence of innocence).  In my cases, when the State has missed a deadline, they simply file late and their error is ignored. It’s nice to see a judge taking these claims seriously and holding the state to the same rules to which convicted inmates are held.

UPDATE:  Apparently the court has changed its mind and given the state a chance to respond despite missing its deadline.  Of course!

5 responses to “Judge Says State Missed Chance to Respond to Wrongful Conviction Claim

  1. Bravo !!

  2. Great news! It sets a very hopeful precedent!

  3. It’s about time a judge finally stepped up to the plate and did the right thing. Justice delayed is justice denied.

    The state of Nevada has been covering up the wrong doings of the Washoe County District Attorney’s office for the last 26years in the wrongful conviction of Nolan Klein and continue even after his death.

    Fortunately, I have never given up on clearing his name. Even tracking down the prime suspect the police believed committed the 1988 crime he went to prison for. Now I have everything I need for a posthumous pardon except now, governor Brian Sandoval, Attorney General Katherine Cortez Masto, Secretary of State Ross Miller who are also the Board of Prison commissioners who at this time are preventing me because I discovered during the wrongful death suit against the Nevada Department of Corrections that the Attorney General Office withheld exculpatory evidence in one if his federal cases against the NDOC.

    Part of the Settlement Agreement made with the state is they I could exonerate his name. Instead, the commissioners moved to have everything I said and presented stricken from the record. Trial date for breach of Settlment Agreement set for April 2015.

    I love reading these kind of stories

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