Georgia promised not to try to execute a man if he agreed to plead guilty to a double murder and never challenge his conviction.

When DNA evidence positively cleared him, the State argued he was still bound by his promise.…
What Dennis Perry didn't know when he pleaded guilty in 2003 was that a detective had already established he had an alibi that would have made it virtually impossible for him to have murdered the victims.
He also did not know that the prosecutor had given a witness a substantial cash reward for saying he had told her he planned to kill the victims.
Today, a newly elected District Attorney has agreed to dismiss all charges against Perry. He is exonerated.…
The man who got Perry to make this promise is the same man who tried to enforce it, John Johnson.

Johnson, who will resign to live on his state pension, used his power to hurt dozens of innocent people.…
Johnson also provided special treatment to an officer accused of domestic violence who would go on to commit a murder/suicide.
The Georgia Innocence Project does some amazing work on a shoestring budget, and every little bit helps. Donate here:
He's not kidding either it is easily a 6 hour drive.
Also, finally, just a reminder. Georgia does not have any program in place to compensate wrongfully convicted people.

The General Assembly will have to pass a law in Dennis Perry's name for him to see a dime in compensation. And that money will be parceled out per year.
I wrote about this problem here:…

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More from @ASFleischman

18 Jul
I really feel for my kids, who, thanks to technology, will never be able to hide their bad grades from me until I'm in a good mood
WHATEVER HAPPENED to forgetting your report card at school for a week until your parents forgot to ask about it, and then forging their signature?
We are nostalgic for the wrong things
Read 4 tweets
15 Jul
I had a lot of fun writing this amicus brief for the Georgia Association of Criminal Defense Lawyers explaining why trial courts have always had the power to dismiss cases for want of prosecution, even when the litigant dragging his heels has a badge. /1…
To summarize: EVERY state agrees that trial courts have the inherent power to dismiss cases for want of prosecution.

The only split is whether that rule applies to the state. And the states that disallow the practice often do so for policy reason.

There IS one Texas case that many courts have come to rely on, though, State v. Anderson, which DID go into some old common law rules to find that only prosecutors may issue a nolle prosequi.

But it dealt with a case where a judge found res judicata based on acquittals. /3
Read 6 tweets
13 Jul
Sacha Baron Cohen prevails against former Alabama Supreme Court Justice and Guy Who Got Banned From the Mall for Skeeving on Children Roy Moore.… Image
Moore lost because he signed a contract explicitly waiving his right to sue for the things he was suing for, even though he struck through another provision about waiving his right to sue for intrusion on his privacy, a cause of action he didn't bring. ImageImage
Moore argued that he was defrauded because he thought the interview would be friendly.

But he agreed, in writing, that he was not relying on representation that the interview would be friendly. ImageImage
Read 7 tweets
9 Jul
Twitter literally never promised to be neutral.
It's not a "free speech platform" it's a clubhouse. You agreed to a bunch of stuff to get to use it for free.

And if you don't like the agreement you made, tough.
Here are the terms of service. Here is how many times you can find the word "neutral" and "free speech."
Read 4 tweets
8 Jul
It's kind of crazy that Autumn Jackson, who threatened to tell the press that Bill Cosby had raped her mother to conceive her, wound up getting 26 months in federal prison.

Just a little less than he did.
Oh I missed this but apparently her conviction was also reversed. The jury was never told that her request for money had to be wrongful to be criminal, only that it had to accompany a threat to his reputation.…
I wonder, in hindsight, whether those prosecutors feel they prosecuted the right person for the right reason.…
Read 4 tweets
8 Jul
John Yoo with the hottest takes.

But, charging someone who knows the President with a crime probably does not do permanent damage to the Presidency.…
Again, Yoo at no point shows how this harms the Presidency. Some state people asked for Trump's tax records. He claimed absolute immunity. He lost.

But Yoo doesn't seem to think Trump should have won that?
Did opponents of Trump use litigation in an "unprecedented way" to stop his agenda? Maybe for a very specific definition of "unprecedented," but we literally just had our third SCOTUS opinion about the ACA joined by every conservative AG in the country.
Read 9 tweets

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