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Article • July 15, 2012 • from PLN July, 2012
Florida DNA Mix-Up Raises Questions about Rapist’s Conviction by When the FBI informed the Florida Department of Law Enforcement (FDLE) that it had a recent “hit” on the DNA of convicted rapist Andrew Lingard, the FDLE realized there was a problem: Lingard had been in prison for the past four …
Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …
Article • June 15, 2012 • from PLN June, 2012
Ohio Wrongful Conviction Results in $2.59 Million Settlement by On April 25, 2011, Raymond D. Towler, 53, received a settlement of $2,592,571 after serving almost 29 years for a rape he didn’t commit. The award included a $600,000 annuity to provide ongoing monthly payments plus a $1.91 million lump sum …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Article • May 15, 2012
Rhode Island Wrongful Conviction Nets Detective over $600,000 by A former Rhode Island detective who was wrongfully convicted and served more than six years in prison for a murder he did not commit, was paid $600,000 to settle two lawsuits. Jeffrey Scott Hornoff was a Warwick, Rhode Island detective who …
Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …
Article • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Article • February 15, 2012
Award for Freed Prisoner Vacated by Louisiana Appellate Court by On February 20, 2008, the First Circuit Louisiana Court of Appeals vacated and remanded for further proceedings a trial court’s judgment awarding a former prisoner compensation for a wrongful conviction and imprisonment. Calvin Williams was convicted in 1977 of first-degree …
Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
$1 Million Settlement in Texas Wrongful Conviction Suit by On March 31, 2011, a man who had been falsely convicted of burglary, rape and sexual abuse accepted a $1 million settlement after being exonerated by DNA evidence. Donald Wayne Good filed a 42 U.S.C. § 1983 civil rights suit in …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Article • September 15, 2011 • from PLN September, 2011
Feds Pay Wrongfully Convicted D.C. Men $1.9 Million by The U.S. Department of Justice agreed in April 2011 to pay almost $1.9 million to two former prisoners wrongfully convicted of murder, who spent a combined 49 years in prison for a District of Columbia homicide. Joseph Wayne Eastridge and Joseph …
Prosecutors Who Commit Misconduct Are Rarely Disciplined by Matthew Clarke by Matt Clarke Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence …
Article • August 15, 2011 • from PLN August, 2011
Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law by Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law On March 7, 2011, the U.S. Supreme Court held that a Texas prisoner could challenge the due process he received under Texas’ post-conviction DNA testing …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
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