Tag Archives: new trial

Tuesday’s Quick Clicks…

Monday’s Quick Clicks…

Tuesday’s Quick Clicks…

Juan Silva, who falsely confessed in order to protect his son, to be released from prison

In Michigan, Adam Stevens’ second-degree murder conviction overturned

Jack Edward Sagin of California loses latest appeal for innocence

In Florida, witness who helped send Andre Bryant to prison has recanted

New book sheds light on possible miscarriage of justice in the trial of Rajesh and Nupur Talwar who were convicted of killing their 13 year-old daughter…

Monday’s Quick Clicks…

The Connecticut Supreme Court upholds Judges decision to bar expert testimony on eyewitness unreliability…

Maine High Court denies Dennis Dechaine’s request for a new trial

Kansas University Innocence Project client Kimberly Sharp wins 10th Circuit appeal

200,000 pages of “Central Park Five” documents to be released

In North Carolina, Damian Mills and Teddy Isbell Sr. have reached a tentative settlement agreement with Buncombe County officials while their criminal convictions are still pending review…

Wednesday’s Quick Clicks…

New Jersey exoneree awarded $12.5 million for 22 years of wrongful imprisonment…

Rhode Island judge overturns 1992 murder conviction based on DNA test results…

The 9th Circuit issues landmark DNA ruling

Ohio Exoneree Raymond Towler gears up to perform with the Exoneree Band in his home state…

Thursday’s Quick Clicks…

Police insider says a Chicago man’s false confession resulted from beatings inflicted by detectives…

A wrongfully convicted man who was released from prison last month after being locked up 27 years started work Tuesday at his new job as a paralegal

Alaska Newspaper calls for a change in shaken baby investigations…

In Wisconsin, a man convicted of murder seeks new trial on the basis that the murder was actually a suicide…

Georgia Supreme Court says DNA evidence suggesting a different perpetrator  not enough to get man convicted of sexual assault a new trial…

Monday’s Quick Clicks…

The New Jersey legislature has passed a bill that will increase the availability of DNA testing for all inmates claiming to have been wrongfully convicted…

The Michigan Supreme Court has granted a new trial for a Michigan Innocence Project client Leo Ackley…

Rhode Island expands law to allow DNA testing for those convicted of any violent crime…

Steve Wax of the Oregon Innocence Project explains the new Oregon DNA testing law

Tuesday’s Quick Clicks

A new study suggests that North Carolina’s reckless use of the death penalty threatens the innocent…

Exonerated death row inmate Glenn Ford died yesterday a year after being released from prison…

In Alaska, an inmate’s confession promises new trial for the Fairbanks Four…

J. Barry on Actual Innocence and the Double Jeopardy Clause

I came across a great article by Professor Jordan Barry of University of San Diego School of Law on prosecution of the exonerated.

Jordan Barry, Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause, 64 Stanford Law Review 535 (March, 2012). It is obtainable on SSRN.

Here is the abstract:

In certain circumstances, a prisoner who challenges her conviction must convince a court that she is actually innocent in order to get relief. Unfortunately, such judicial exonerations often fail to persuade prosecutors, who are generally free to retry prisoners who successfully challenge their convictions. There have been several instances in which prisoners have convinced courts of their innocence and overturned their convictions, only to have prosecutors bring the exact same charges against them a second time. This Article argues that the Double Jeopardy Clause protects these exonerated defendants from the ordeal of a second prosecution. Permitting prosecutors to continue to pursue such individuals contradicts established Supreme Court case law, violates the policies animating the Double Jeopardy Clause, and impairs the operation of the criminal justice system.

Washington Supreme Court Grants a New Trial to a Death Row Inmate

The Supreme Court of the State of Washington handed down this morning a decision to grant a new trial to a death row inmate, Darold Stenson.   Read: In re PRP of Darold Stenson.

Stenson raised a due process claim based on alleged violations of  Brady v. Maryland. The Court held that the State violated Stenson’s rights under the mandates of Brady and its progeny, and it reversed his aggravated first degree murder conviction as well as the sentence of death and remanded for a new trial. Read the news here.

Excerpt:  Stenson, convicted in the 1993 slayings of his wife and business partner, is due a new trial because prosecutors failed to share evidence with his attorneys prior to trial, the eight-justice majority ruled.

Stenson will not be released following Thursday’s decision, which was authored by Justice Gerry Alexander. He is expected to face a second trial in Clallam County.

“We are left with the fact that constitutionally significant mistakes were made in Stenson’s trial, resulting in imposition of the ultimate punishment without the full benefit of due process protections,” Alexander wrote in the majority opinion. “The question here is not whether Stenson has proved his innocence.” ….