All Articles tagged post-conviction

• Justice Commentaries
  July 17, 2018 EDT
  FINGERPRINTS AND MISCARRIAGES OF JUSTICE: “OTHER” TYPES OF ERROR AND A POST-CONVICTION RIGHT TO DATABASE SEARCHING
  Simon A. ColeBarry C. Scheck

  This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.

• Justice Commentaries
  December 17, 2016 EDT
  IF HINDSIGHT IS 20/20, OUR JUSTICE SYSTEM SHOULD NOT BE BLIND TO NEW EVIDENCE OF INNOCENCE: A SURVEY OF POST-CONVICTION NEW EVIDENCE STATUTES AND A PROPOSED MODEL
  Justin BrooksAlexander SimpsonPaige Kaneb

  This article surveys the new evidence standard in post-conviction from around the country and explores the practical and legal ramifications of these standards.

• New York Appeals
  January 01, 2014 EDT
  THE EXPANSION OF NEW YORK STATE POST-CONVICTION RELIEF: PEOPLE V. SEEBER AND THE EXTENSION OF CPL 440.10(1)(B) BEYOND BRADY
  Karin S. Portlock

  The Third Department‘s decision in People v. Seeber is a seminal opinion on the purpose, meaning, and scope of New York State Criminal Procedure Law (CPL) section 440.10(1)(b).

• Justice Commentaries
  June 11, 2013 EDT
  A SURVEY OF FEDERAL AND STATE COURTS‘ APPROACHES TO A CONSTITUTIONAL RIGHT OF ACTUAL INNOCENCE: IS THERE A NEED FOR A STATE CONSTITUTIONAL RIGHT IN NEW YORK IN THE AFTERMATH OF CPL § 440.10(G-1)?
  John M. Leventhal

  This article considers whether there is still a need for a freestanding state constitutional claim of actual innocence in light of a recent amendment to the New York State Criminal...

• Justice Commentaries
  May 05, 2012 EDT
  PUBLIC PERCEPTION OF WRONGFUL CONVICTION: SUPPORT FOR COMPENSATION AND APOLOGIES
  Kimberly A. ClowIsabella M. BlandisiRose RicciardelliRegina A. Schuller

  To investigate public perception of compensation, face-to-face interviews were conducted with fifteen community members. Findings suggest that all interviewees believed that individuals who have been wrongly convicted should receive compensation.

• State Constitutional Commentary
  November 11, 2011 EDT
  RIGHTS AND REMEDIES IN STATE HABEAS PROCEEDINGS
  Jason Mazzone

  This short essay examines the effects of Danforth v. State on the practices of state courts to date and its likely impact in the future.