Brief Bank
Below are amicus briefs either filed by the Innocence Network, or by individual Network project members, on issues that have been endorsed by the Innocence Network Board of Directors.
Issue: Other Issues
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- Access to Post-Conviction DNA Testing
- New Evidence of Innocence
- Electronic Recording of Custodial Interrogations Eyewitness Identification
- Electronic Recording of Custodial Interrogations
- Ineffective Assistance of Counsel
- Eyewitness Identification
- Unreliable Forensic Science
- Other Issues
- Police and Prosecutorial Misconduct
- Actual Innocence
Fry, John F. v. Pliler (2007)
Counsel: Innocence Network by Cooley Godward Kronish
Court: U.S. Supreme Court
Case Number: 06-5247
Position: - Federal courts must apply the Chapman harmless error standard, which imposes the burden on the state to prove errors harmless beyond a reasonable doubt, in any case in which the state courts erroneously found no error and hence undertook no Chapman analysis. Rules barring or limiting third-party perpetrator evidence should be abolished; such evidence should be considered on an equal footing as any other type of evidence, which is evaluated by considering relevance and the risk of undue prejudice, and not some heightened relevance or presumed prejudice standard. Third-party perpetrator evidence cannot be excluded simply because the state or a court views the state's evidence as "overwhelming."
Issues:
Other Issues
Lewis, Emmitt, State v. (2006)
Counsel: Innocence Network & IP New Orleans
Court: Louisiana Court of Appeals
Case Number:
Position: - Prosecutors should be obligated to disclose exculpatory evidence at a preliminary hearing; defendants should have discovery rights, including access to police reports, prior to the preliminary hearing.
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Other Issues
McDowell, State v. (2004)
Counsel: Wisconsin Innocence Project
Court: Wisconsin Supreme Court
Case Number: 02-1203-CR
Position: - Defense counsel at trial may conclude that her client will commit perjury (in which case the attorney may refrain from presenting that client's testimony) only when the attorney "knows" the client will lie because the client has expressed a clear intent to lie. (Nix v. Whiteside issue)
Issues: Other Issues
Issues:
Other Issues
Schaefer, Ronald, State v. (2006)
Counsel: Wisconsin Innocence Project, Wisconsin State Public Defender
Court: Wisconsin Court of Appeals
Case Number: 2006 AP 1826-CRAC
Position: - Prosecutors should be obligated to disclose exculpatory evidence at a preliminary hearing; defendants should have discovery rights, including access to police reports, prior to the preliminary hearing.
Issues:
Other Issues