Amicus Brief Bank

The Amicus Brief Bank is an online archive of all Amicus Briefs filed by the Innocence Network in cases around the country.

What is an Amicus Brief?

An amicus brief is a written legal argument filed by someone not directly involved in a case on appeal to help educate the court about particular issues. The Network decides when to file amicus briefs based upon many factors including which jurisdiction the case is in, what the particular issues being advocated are, and what kind of an impact the brief might have.

Submit an Amicus Brief Request

See our amicus brief request page to submit a request to the Innocence Network’s Amicus Committee

View the Amicus Brief Bank

filter by

sort by

all amicus briefs

Amicus brief

State/Federal Habeas Corpus Rules & Procedures

Danny Jacobs v. Ryan Thornell (2023)

Position: The Ninth Circuit should overrule its prior precedent and hold that amendments made to federal habeas corpus petitions that have been adjudicated in the district court, but remain pending on appeal, do not constitute a second/successive petition.

Decision: Pending

Counsel:

Federal Defenders of Montana

Courts:

U.S. Court of Appeals, Ninth Circuit

Case #: No. 22-16822

View PDF

Amicus brief

Compensation

Other Issues

In Re Terrell Champagne (2023)

Position: Juveniles should be treated the same as adults in obtaining a certificate of innocence compensation so they may seek compensation. Juvenile adjudications are “convictions” for the purpose of a certificate of innocence and the denying exonerated juveniles a certificate of innocence violates equal protection. Thus, the court can and should extend the certificate of innocence statute to juveniles to avoid and unconstitutional interpretation.

Decision: Pending

Counsel:

Latham & Watkins LLP

Courts:

Appellate Court of Illinois, First Judicial District

Case #: No. 1-22-1880

View PDF

Amicus brief

State/Federal Habeas Corpus Rules & Procedures

False Confessions

Confessions, Interrogations & Interviewing

People of the State of Illinois v. Wayne Washington (2023)

Position: False confessions and guilty pleas are generally not voluntary acts, and thus they should not preclude a defendant from seeking/obtaining a certificate of actual innocence under Illinois law.

Decision: Pending

Counsel:

Jones Day

Courts:

Supreme Court of Illinois

Case #: No. 127952

View PDF

Amicus brief

State/Federal Habeas Corpus Rules & Procedures

False Confessions

Confessions, Interrogations & Interviewing

Commonwealth of Pennsylvania v. Jerry Reeves (2023)

Position: The Court should protect innocent defendants facing retrial by excluding prior testimony tainted or impelled by a constitutional violation, and the Court should allow trial courts the discretion to admit expert testimony on factors contributing to false confessions.

Decision: Pending

Counsel:

Ballard Spahr LLP

Courts:

Supreme Court of Pennsylvania, Middle District

Case #: No. 220 MAL 2022

View PDF

Amicus brief

Access to Evidence

State/Federal Habeas Corpus Rules & Procedures

Sergio Ochoa v. Ronald Davis (2023)

Position: The court should reaffirm Nunes v Mueller, 350 F.3d 1045 (9th Cir. 2003) and recognize that it remains good law, so that federal habeas corpus petitioners have a meaningful chance of federal court review in cases where the California state courts dismissed post-conviction petitions based on a failure to plead a prima facie case.

Decision: Pending

Counsel:

Loyola Project for the Innocent

Courts:

U.S. Court of Appeals, Ninth Circuit

Case #: CA NO. 18-99007

View PDF

Amicus brief

Access to Evidence

Access to Post-Conviction DNA Testing/Complex DNA Issues

State/Federal Habeas Corpus Rules & Procedures

Commonwealth of Pennsylvania v. Willie James Hardy (2023)

Position: The lower court interpreted Pennsylvania's DNA statute in an unduly narrow way, and the Supreme Court should reverse to avoid various negative consequences, including wrongfully-convicted people relamining incarcerated because they are denied access to DNA testing.

Decision: Pending

Counsel:

Reed Smith

Courts:

Supreme Court of Pennsylvania

Case #: No. 42 WAP 2022

View PDF

Amicus brief

Confessions, Interrogations & Interviewing

Ali Tuckett v. The State of New York (2023)

Position: Common questioning techniques and familial pressure can unintentionally cause witnesses to make false statements and therefore recantations should not be presumed to be unreliable.

Decision: Pending

Counsel:

Covington & Burling

Courts:

New York Supreme Court

Case #: CA 22-01089

View PDF

Amicus brief

Shaken Baby Syndrome

Unreliable Forensic Science

Robert John Kaiser v. State of Minnesota (2023)

Position: Shifting and evolving science should be the basis to claim that a new scientific discovery warrants a new trial

Decision: Pending

Counsel:

Fredrikson & Byron/Great North Innocence Project/Bradford, Andresen, Norrie, & Camarotto

Courts:

Minnesota Supreme Court

Case #: A22-0749

View PDF

Amicus brief

Shaken Baby Syndrome

Unreliable Forensic Science

State of Ohio v. Kenneth Alex Grad (2023)

Position: Shifting and evolving science should be the basis to claim that a new scientific discovery warrants a new trial

Decision: Pending

Counsel:

Jones Day

Courts:

Ohio Supreme Court

Case #: 2023-0213

View PDF

Amicus brief

Police or Prosecutorial Misconduct

State/Federal Habeas Corpus Rules & Procedures

Jonathan D. Smith v. State of Maryland (2023)

Position: Given the prosecution's extreme and long-running campaign to fabricate evidence against the defendant, the prosecutorial misconduct at issue here can only be remedied by a dismissal of charges.

Decision: Pending

Counsel:

Innocence Project/K & L Gates

Courts:

Supreme Court of Maryland

Case #: SCM-REG-0031-2022

View PDF

of 22

The Innocence Network is an coalition of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed.

CATEGORIESWho We Are Getting Involved Joining the Network Seeking Assistance Resources

RESEARCH REQUESTS

AMICUS REQUESTS

Want to get in touch?Reach out to our team

We use cookies to ensure that we give you the best experience on our website. Read our cookies policies here.