Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

Official Portrait of Justice Sonia Sotomayor

The Supreme Court allowed the execution of  Dustin Higgs late Friday, making Higgs the thirteenth person to be killed by the federal government since July. Since July. And after seventeen years without a single federal execution. Higgs’ execution was a miscarriage of justice for a number of issues. First of all, he was suffering from covid-19… Continue reading Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

Ex Suffolk ADA Glenn Kutzrock Suspended from Law for Two Years Due to Brady Violation

Its so rare when a prosecutor faces sanctions for withholding Brady and Rosario material that I felt it was worth reporting on as way to kick off what hopefully will be a better year for the wrongfully convicted languishing in prisons. For the non-lawyers who read/follow my blog, Brady is a legal term for evidence… Continue reading Ex Suffolk ADA Glenn Kutzrock Suspended from Law for Two Years Due to Brady Violation

Did Missouri Just Execute an Innocent Man? Very Likely.

One death in the large daily death toll from yesterday stands out because it did not come as result of the covid-19 virus. Instead, Walter Barton’s death came shortly after 6 p.m. when the State of Missouri injected him with a lethal dose of the drug pentobarbital at the Missouri Eastern Reception, Diagnostic and Correctional… Continue reading Did Missouri Just Execute an Innocent Man? Very Likely.

Ohio Man Spent 45 Years in Jail for Murder While Proof of True Killer Sat in Police Files

Photo Courtesy of Mark Godsey

Isiah Andrews is probably the only 82 year old in Ohio who is happy to be outside and does not care that there is a pandemic going on. That’s because, thanks to the work of the Ohio Innocence Project (OIP) at the University of Cincinnati, he was just freed after spending 45 years in jail… Continue reading Ohio Man Spent 45 Years in Jail for Murder While Proof of True Killer Sat in Police Files

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October… Continue reading SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Progressive New Law in Virginia Removes Barriers to Proving Actual Innocence

Gov. Ralph Northam chose this Easter weekend to sign into laws sweeping progressive reforms including (1) making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in housing, employment, public spaces, and credit applications; (2) repealing “medically-unnecessary restrictions on women’s healthcare,” including ultrasound requirements and 24-hour waiting periods… Continue reading Progressive New Law in Virginia Removes Barriers to Proving Actual Innocence

How to Fix a Drug Scandal? Netflix Answers: Good Lawyering

The four-episode Netflix series, How to Fix a Drug Scandal (HFDS) was released on Netflix on Wednesday. It comes from filmmaker Erin Lee Carr (also known for HBO’s 2019 amazing documentary At the Heart of Gold: Inside the USA Gymnastics Scandal, as well as other compelling documentaries like I Love You Now Die and Mommie Dead… Continue reading How to Fix a Drug Scandal? Netflix Answers: Good Lawyering

Its Wrong to Make Wrongly Convicted Drop Legal Claims In Exchange for Freedom

Stephanie Clifford of the New York Times last Tuesday wrote a piece on a growing trend among prosecutors facing motions to vacate wrongful convictions: They will consent to the motion if the defendant agrees to waive his right to seek money damages for his wrongful conviction. The story focuses on the Philadelphia case of Jimmy… Continue reading Its Wrong to Make Wrongly Convicted Drop Legal Claims In Exchange for Freedom

Power of Persistence: “Jailhouse Lawyer” Takes Case to SCOTUS

Only two States in the country, Louisiana and Oregon, allow for non-unanimous verdicts in criminal cases. One man – Calvin Duncan – has been fighting it in his home State of Louisiana for over 20 years. Duncan does not have a law degree. In fact he only had a 10th grade education when he was… Continue reading Power of Persistence: “Jailhouse Lawyer” Takes Case to SCOTUS