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Compensation Chart by State
Updated 5/21/18 NQ COMPENSATION STATUTES: A NATIONAL OVERVIEW STATE STATUTE WHEN ELIGIBILITY STANDARD WHO TIME LIMITS MAXIMUM AWARDS OTHER FUTURE CONTRIBUTORY PASSED OF PROOF DECIDES FOR FILING AWARDS CIVIL PROVISIONS LITIGATION AL Ala.Code 1975 § 29-2- 2001 Conviction vacated Not specified State Division of 2 years after Minimum of $50,000 for Not specified Not specified A new felony 150, et seq. or reversed and the Risk Management exoneration or each year of incarceration, conviction will end a charges dismissed and the dismissal Committee on claimant’s right to on grounds Committee on Compensation for compensation consistent with Compensation Wrongful Incarceration can innocence for Wrongful recommend discretionary Incarceration amount in addition to base, but legislature must appropriate any funds CA Cal Penal Code §§ Amended 2000; Pardon for Not specified California Victim 2 years after $140 per day of The Department Not specified Requires the board to 4900 to 4906; § 2006; 2009; innocence or being Compensation judgment of incarceration of Corrections deny a claim if the 2013; 2015; “innocent”; and Government acquittal or and Rehabilitation board finds by a 2017 declaration of Claims Board discharge given, shall assist a preponderance of the factual innocence makes a or after pardon person who is evidence that a claimant recommendation granted, after exonerated as to a pled guilty with the to the legislature release from conviction for specific intent to imprisonment, which he or she is protect another from from release serving a state prosecution for the from custody prison sentence at underlying conviction the time of for which the claimant exoneration with is seeking transitional compensation. -
Pleadings: Appeal and Error. an Appellate Court
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 09/28/2021 08:15 PM CDT - 329 - NEBRASKA SUPREME COURT ADVAncE SHEETS 298 NEBRASKA REPORTS NADEEM V. STATE Cite as 298 Neb. 329 MOHAMMED NADEEM, APPELLANT, V. STATE OF NEBRASKA, APPELLEE. ___ N.W.2d ___ Filed December 8, 2017. No. S-16-113. 1. Motions to Dismiss: Pleadings: Appeal and Error. An appellate court reviews a district court’s order granting a motion to dismiss de novo, accepting all allegations in the complaint as true and drawing all reason- able inferences in favor of the nonmoving party. 2. Motions to Dismiss: Pleadings. For purposes of a motion to dismiss, a court may consider some materials that are part of the public record or do not contradict the complaint, as well as materials that are necessarily embraced by the pleadings. 3. Pleadings: Complaints. Documents embraced by the pleadings are materials alleged in a complaint and whose authenticity no party ques- tions, but which are not physically attached to the pleadings. 4. ____: ____. Documents embraced by the complaint are not considered matters outside the pleadings. 5. Res Judicata: Judgments. Res judicata bars relitigation of any right, fact, or matter directly addressed or necessarily included in a former adjudication if (1) the former judgment was rendered by a court of com- petent jurisdiction, (2) the former judgment was a final judgment, (3) the former judgment was on the merits, and (4) the same parties or their privies were involved in both actions. 6. Convictions: Claims: Pleadings. Under Neb. Rev. -
Amici Brief of 45 Prosecutors in SC98303
Electronically Filed - SUPREME COURT OF MISSOURI February 10, 2020 12:33 PM IN THE SUPREME COURT OF MISSOURI No. SC98303 STATE OF MISSOURI, Respondent, v. LAMAR JOHNSON, Appellant. Appeal from the Circuit Court of St. Louis City Hon. Elizabeth Hogan Cause No. 22941-03706A-01 BRIEF OF AMICI CURIAE 45 PROSECUTORS IN SUPPORT OF THE CIRCUIT ATTORNEY’S MOTION FOR NEW TRIAL BRYAN CAVE LEIGHTON PAISNER LLP Of counsel: Charles A. Weiss, #20299 Michael A. Wolff, #27633 Jonathan B. Potts, #64091 St. Louis University School of Law 211 N. Broadway, Suite 3600 100 N. Tucker Blvd. St. Louis, MO 63102 St. Louis, MO 63101 (314) 259-2000 (314) 691-4377 (314) 259-2020 (fax) [email protected] Attorney for Amicus Curiae [email protected] Wesley Bell, St. Louis County Prosecuting Attorney Attorneys for Amici Curiae 45 Prosecutors 1 Electronically Filed - SUPREME COURT OF MISSOURI February 10, 2020 12:33 PM TABLE OF CONTENTS Page TABLE OF AUTHORITIES ............................................................................................... 5 IDENTITY OF AMICI CURIAE ....................................................................................... 10 SUMMARY OF ARGUMENT ......................................................................................... 15 ARGUMENT ..................................................................................................................... 21 I. The Trial Court Erred in Dismissing the Circuit Attorney’s Motion for New Trial Because the Trial Court Had Authority to Entertain the Motion, in That, as the City of St. Louis’s Duly Elected Representative, the Circuit Attorney Must Have a Mechanism to Discharge Her Constitutional and Ethical Obligations to Seek a New Trial for Johnson on the Basis of Newly Discovered Evidence, Perjury, and Constitutional Violations That Tainted a Prior Circuit Attorney’s Prosecution. ............................................................................... 21 A. The Circuit Attorney Is a Quasi-Judicial Officer Elected by the Citizens of the City of St. -
Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously Ellen Yaroshefsky Maurice A
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2004 Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously Ellen Yaroshefsky Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Ellen Yaroshefsky, Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously, 8 U.C. Davis L. Rev. 275 (2004) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/897 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. WRONGFUL CONVICTIONS: IT IS TIME TO TAKE PROSECUTION DISCIPLINE SERIOUSLY Ellen Yaroshefsky* The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible. 1908 CANONS OF ETHICS** INTRODUCTION Ron Williamson, who came within five days of execution, and Dennis Fritz, who served twelve years of a life sentence, were released from prison in 1999. They were innocent men, wrongfully convicted of the rape and murder of Debra Carter. Arrested five years after her murder and tried separately, the cases against them rested on testimony of a jailhouse informant, a jail trainee, and un- reliable hair evidence. Fortunately, there was DNA evidence in the case, and scientific testing exonerated Fritz and Williamson. -
MISCARRIAGES of JUSTICE ORIGINATING from DISCLOSURE DEFICIENCIES in CRIMINAL CASES A. Disclosure Failures As Ground for Retria
CHAPTER FOUR MISCARRIAGES OF JUSTICE ORIGINATING FROM DISCLOSURE DEFICIENCIES IN CRIMINAL CASES A. Disclosure Failures as Ground for Retrials: Common Law Standards and Examples This chapter will delve more deeply into one of the most fundamental causes of miscarriages of justice in (international) criminal cases, namely failure on the part of police and/or prosecution to timely, adequately and fairly disclose potentially exculpatory evidence to the judge, juries, and defense. The U.S. National Registry of Exonerations (NRE) which keeps count of exonerations in the U.S. from 1989 onwards, does not – in its offi- cial counting – include cases of group exonerations due to police and prosecutorial misconduct. In its June 2012-report the NRE counted 901 exonerations, the number has risen to 1,000 exonerations only five months later.1 The report discusses cases of at least 1,100 defendants who were exonerated in the so-called “group exonerations”. These exonerations were the consequence of the revelation of gross police misconduct in twelve cases since 1995 in which innocent defendants had been framed by police officers for mostly drug and gun crimes.2 Yet, most of the group exonera- tions were spotted accidently, as the cases are obscure and for some of the scandals the number of exonerees could only be estimated; these num- bers are not included in the 1,000 exonerations the registry counted on 30 October 2012.3 In many cases it will be hard to establish that police or prosecutorial misconduct did in fact occur; a conclusion that was also drawn by the NRE. This chapter will delve into cases where misconduct did come to light while analyzing the criminal law proceedings which led to these errors. -
The Myth of the Presumption of Innocence
Texas Law Review See Also Volume 94 Response The Myth of the Presumption of Innocence Brandon L. Garrett* I. Introduction Do we have a presumption of innocence in this country? Of course we do. After all, we instruct criminal juries on it, often during jury selection, and then at the outset of the case and during final instructions before deliberations. Take this example, delivered by a judge at a criminal trial in Illinois: "Under the law, the Defendant is presumed to be innocent of the charges against him. This presumption remains with the Defendant throughout the case and is not overcome until in your deliberations you are convinced beyond a reasonable doubt that the Defendant is guilty."' Perhaps the presumption also reflects something more even, a larger commitment enshrined in a range of due process and other constitutional rulings designed to protect against wrongful convictions. The defense lawyer in the same trial quoted above said in his closings: [A]s [the defendant] sits here right now, he is presumed innocent of these charges. That is the corner stone of our system of justice. The best system in the world. That is a presumption that remains with him unless and until the State can prove him guilty beyond2 a reasonable doubt. That's the lynchpin in the system ofjustice. Our constitutional criminal procedure is animated by that commitment, * Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law. 1. Transcript of Record at 13, People v. Gonzalez, No. 94 CF 1365 (Ill.Cir. Ct. June 12, 1995). 2. -
Disclosing Prosecutorial Misconduct
Kreag_PAGE (Do Not Delete) 1/31/2019 1:22 AM ESSAY Disclosing Prosecutorial Misconduct Jason Kreag* Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these reforms largely ignore the need to remedy the harms from past Brady violations. Furthermore, these proposals focus almost entirely on the harms defendants face from prosecutors’ Brady misconduct, ignoring the harms victims, jurors, witnesses, and others endure because of Brady misconduct. This Article proposes a new remedy to supplement the current responses to Brady misconduct—the Brady Violation Disclosure Letter. It proposes sending a concise letter documenting the misconduct to the relevant stakeholders who participated in the initial trial that was corrupted by a Brady violation. This disclosure is a partial remedy for the range of harms Brady violations create. It also promises to increase Brady compliance and to promote transparency in a criminal justice system that is increasingly opaque. Importantly, this proposal can be implemented immediately without adopting new rules or statutes and without expanding Brady’s existing constitutional protections. INTRODUCTION ............................................................................. 298 I. THE BRADY DOCTRINE ....................................................... 304 II. CURRENT RESPONSES TO BRADY VIOLATIONS ARE INSUFFICIENT .................................................................... 308 * Associate Professor of Law, University of Arizona James E. Rogers College of Law. I thank Professors Andy Coan, Adam Gershowitz, Samuel Levine, David Marcus, Toni Massaro, Daniel McConkie, Justin Murray, Chris Robertson, and Colin Starger for their helpful comments and feedback on this project. -
Current Index to Legal Periodicals
CURRENT INDEX TO LEGAL PERIODICALS Marian Gould Gallagher Law Library University of Washington Nikki Pike, Managing Editor Ingrid Holmlund, Executive Editor Cindy Fester & Tania Schriwer, Editors Copyright 2019, Marian Gould Gallagher Law Library University of Washington School of Law Key to Citations——August 2, 2019 American Criminal Law Review *56 Am. Crim. L. Rev., No. 3, Summer, 2019. Cardozo Law Review 40 Cardozo L. Rev., No. 4, April, 2019. Drexel Law Review 11 Drexel L. Rev., No. 2, Pp. 467-824, 2019. Elder Law Journal 27 Elder L.J., No. 1, Pp. 1-259, 2019. Harvard Journal of Law & Gender 42 Harv. J.L. & Gender, No. 1, Winter, 2019. Journal of Criminal Law and Criminology 109 J. Crim. L. & Criminology, No. 2, Spring, 2019. Journal of Empirical Legal Studies 16 J. Empirical Legal Stud., No. 2, June, 2019. Journal of International Economic Law 22 J. Int’l Econ. L., No. 1, March, 2019. Journal of Southern Legal History 26 J. S. Legal Hist., Pp. 1-350, 2018. Journal of the Copyright Society of the U.S.A. 65 J. Copyright Soc’y U.S.A., No. 4, Fall, 2018. Loyola of Los Angeles Law Review 51 Loy. L.A. L. Rev., No. 2, Pp. 379-538, 2018. Marquette Intellectual Property Law Review 22 Marq. Intell. Prop. L. Rev., No. 1, Winter, 2018. Marquette Law Review 102 Marq. L. Rev., No. 3, Spring, 2019. Michigan Journal of Gender & Law 26 Mich. J. Gender & L., No. 1, Pp. 1-208, 2019. North Dakota Law Review **94 N.D. L. Rev., No. 2, Pp. -
Honor Killings and the Cultural Defense
Cohan: Honor Killings and the Cultural Defense CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL VOLUME 40 SPRING 2010 NUMBER 2 HONOR KILLINGS AND THE CULTURAL DEFENSE JOHN ALAN COHAN* IN TROD UCTION ................................................................................... 178 I. THE N ATURE OF H ONOR ................................................................. 181 A. The Importance of and Need to SafeguardHonor ............ 181 B. The Nature of Honor in Arab Cultures............................. 185 C. The Nature of Honor in the West ......................................188 II. THE PREVALENCE OF HONOR KILLINGS ........................................191 A. H onor Killings D efined..................................................... 191 B. Honor Killings in Western Society ....................................199 III. THE CONCEPT OF "SUDDEN PROVOCATION IN THE CONTEXT OF H ONOR K ILLINGS ..................................................................... 202 IV. PROVOCATION IN THE LAWS OF JORDAN AND PAKISTAN PERTAINING TO HONOR KILLINGS ............................................206 A. Prosecution of Honor Killings in Jordan......................... 207 B. Prosecution of Honor Killings in Pakistan....................... 211 1. Pakistan'sFederally Administered TribalAreas ........211 * B.A. University of Southern California, J.D. Loyola Law School (magna cum laude), Law Clerk for Charles H. Carr, Federal District Judge, former adjunct professor of law, Western State Law School. The author has written numerous articles in law -
Actual Innocence in New York: the Curious Case of People V
ACTUAL INNOCENCE IN NEW YORK: THE CURIOUS CASE OF PEOPLE V. HAMILTON Benjamin E. Rosenberg* It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton.1 The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged. Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue.2 Courts throughout the state are thus entertaining numerous “actual innocence” motions inspired by Hamilton. While courts in some other states, including state appellate courts, have recognized actual innocence claims,3 whether such claims should be recognized, and if so under what circumstances, is a very live issue in the federal courts and numerous state courts throughout the country. Examination of Hamilton, therefore, provides a useful way to consider issues that are of surpassing importance in criminal law and that will likely reoccur in cases throughout the country. As Hamilton goes further than many other courts have in considering the implications of actual innocence claims, consideration of Hamilton may be of considerable value to courts that consider actual innocence claims. Hamilton is a trailblazer, and its trail will repay careful study. I. BACKGROUND Before considering Hamilton itself, it is appropriate to consider briefly both New York’s collateral relief statute and the types of “actual innocence” claims that might be asserted. -
Wrongful Convictions After a Century of Research Jon B
CORE Metadata, citation and similar papers at core.ac.uk Provided by Northwestern University Illinois, School of Law: Scholarly Commons Journal of Criminal Law and Criminology Volume 100 Article 7 Issue 3 Summer Summer 2010 One Hundred Years Later: Wrongful Convictions after a Century of Research Jon B. Gould Richard A. Leo Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Jon B. Gould, Richard A. Leo, One Hundred Years Later: Wrongful Convictions after a Century of Research, 100 J. Crim. L. & Criminology 825 (2010) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/10/10003-0825 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 100, No. 3 Copyright © 2010 by Jon B. Gould & Richard A. Leo Printed in U.S.A. II. “JUSTICE” IN ACTION ONE HUNDRED YEARS LATER: WRONGFUL CONVICTIONS AFTER A CENTURY OF RESEARCH JON B. GOULD* & RICHARD A. LEO** In this Article, the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This Article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. -
PROSECUTORIAL MISCONDUCT BEFORE and AFTER TRIAL By: Lori Quick PROSECUTORIAL MISCONDUCT BEFORE and DURING TRIAL
PROSECUTORIAL MISCONDUCT BEFORE AND AFTER TRIAL By: Lori Quick PROSECUTORIAL MISCONDUCT BEFORE AND DURING TRIAL by Lori Quick I. Introduction Prosecutors have traditionally been held in high regard by jurors, which sometimes makes it easier for them to effectively circumvent the rules of evidence as well as notions of justice and fair play. (See People v. Hill (1998) 17 Cal.4th 800, 828; People v. Bolton (1979) 23 Cal.3d 208, 213.) It is important for appellate counsel to be able to identify and challenge prosecutorial misconduct occurring not only during trial, but also before. II. Discovery and Exculpatory Evidence A. Legal Authority Penal Code section 1054.1 states that the prosecutor has a duty to disclose to the defense all of the following materials, if it is in the prosecutor’s possession of if he or she knows it to be in the possession of investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose - 1 - credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.