Post Conviction Relief

Brock Turner – When Should a Defendant Choose Not to Appeal a Conviction?

Brock Turner – When Should a Defendant Choose Not to Appeal a Conviction?

Brock Turner could easily have been sent to prison for years following his conviction for sexually assaulting an unconscious woman...

When Junk Science Meets Jailhouse Snitches

When Junk Science Meets Jailhouse Snitches

Cameron Todd Willingham was executed by the State of Texas in 2004 for the arson-murder of his three children. The...

When Is Brain Damage a Valid Defense?

When Is Brain Damage a Valid Defense?

In Winkler v. State, the S.C. Supreme Court reversed and remanded a capital murder defendant’s case so that his attorneys...

Wrongful Convictions – Unlocking the Truth

Wrongful Convictions – Unlocking the Truth

“Unlocking the Truth” is a show on MTV that is investigating the cases of three people who may have been...

Walker v. State – PCR granted where defense counsel failed to investigate alibi witness

Walker v. State – PCR granted where defense counsel failed to investigate alibi witness

In Walker v. State, decided March 19, 2014, the S.C. Supreme Court upheld the circuit court’s grant of post-conviction relief...

Above the law

Above the law

Friday in Texas, former prosecutor and judge Ken Anderson pled guilty to criminal contempt for intentionally withholding evidence that could...

Pottawatamie County civil rights trial – “if they can do it to the least of us they can do it to anybody”

Pottawatamie County civil rights trial – “if they can do it to the least of us they can do it to anybody”

Gerry Spence is back in the courtroom, trying a civil rights case against two Pottawatamie County police investigators who were...

DOJ and FBI will review thousands of convictions for flawed forensic evidence

DOJ and FBI will review thousands of convictions for flawed forensic evidence

The Wall Street Journal is reporting that the Justice Department and FBI will review thousands of cases to determine whether...

Goins v. State – PCR; plea counsel was ineffective but SCSCT finds no prejudice

Goins v. State – PCR; plea counsel was ineffective but SCSCT finds no prejudice

In Goins v. State, an appeal from a PCR hearing decided May16, 2012, the S.C. Supreme court held that, although...

PCR – can the prosecutor withhold the audio/video of a drug transaction prior to trial

PCR – can the prosecutor withhold the audio/video of a drug transaction prior to trial

In Hyman v. State, decided March 14, 2012, the S.C. Supreme Court held that it is sufficient that the defendant’s...