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Posts tagged "post conviction relief"

Can a Disloyal Attorney be Considered Ineffective Assistance of Counsel?

One of the guarantees of the Sixth Amendment to the U.S. Constitution is the right for an accused person to have an attorney, or counsel, in a trial with charges against him/her. If there is a deficient performance by that counsel, and the result of the trial may have been different had it not been for that specific performance, an accused person may appeal a conviction under the terms of ineffective assistance of counsel through the Sixth Amendment.

Can a prosecutor be sentenced to jail for role in wrongful conviction?

A former prosecutor and judge in Texas will go to jail for his role in the wrongful conviction of a man. The prosecutor has pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man to prison for the murder of his wife. The prosecutor turned judge, possessed evidence at the time of the trial that may have cleared the accused man of the crime.

Supreme Court Sides with Defendant Who Was Given Incorrect Information

A new Supreme court case gives hope for prisoners and individuals convicted of crimes where they have received incorrect information in some instances - In Lee v. United States 582 US ___ (2017) the court held that:

What may constitute an ineffective assistance of counsel?

When you are accused of a crime, there are certain rights that you are afforded. The sixth amendment of the U.S. Constitution provides clear criteria for those rights. One of the guaranteed rights is that the accused have the right to the assistance of counsel in a case against them. The U.S. Supreme Court has gone a step further in this requirement and ruled that states must provide a public defender for those criminals who may be indignant and unable to retain their own lawyer.

What You Need to Know About Filing a Motion to Vacate Judgment and Sentence in Florida

Picture this: you've just interviewed for your dream job, and you feel great about it, with the exception of one tiny detail. You've got something on your record. The worst part about it is, the thing that's on your record is an old and minor conviction.

Are CIU's the Answer to Overturning Wrongful Convictions?

Since the first Conviction Integrity Unit (CIU) was established in Dallas in 2007, the country has seen a rise in the establishment of these bodies. CIUs are intended to be an independent reviewer of previous cases that may be wrongful convictions.

2015 Was a Record Year for Exonerations

The subject of wrongful convictions seems to be on most people's radars. With the runaway popularity of documentaries such as Netflix's "Making a Murderer," there has been a surge of interest in exonerations and the justice system. While no judicial system is perfect, there is certainly something to be said for the rate of overturned convictions.

Supreme Court finds Florida death penalty procedures unconstitutional

Recently, the Supreme Court ruled that Florida's death penalty sentencing procedures are in violation of constitutional rights. The court heard the case of 37-year old Timothy Hurst, who was convicted of murder and sentenced to death in in 1998.

New York City Settles Wrongful Conviction Lawsuit to the Tune of Millions

Robert Logan was recently awarded $3.75 million dollars from the city of New York stemming from a wrongful conviction lawsuit. Logan had been wrongfully imprisoned for 17 years for the 1997 shooting death of Sherwin Gibbons. Logan says he was threatened by police and coerced into signing a false statement. Logan's attorney, Harold Baker, said that his client was "absolutely ecstatic" at the news of the settlement.

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