As the Juvenile Restoration Act takes effect in Maryland, I hope judges do NOT make admission of guilt a prerequisite for a sentenced reduction. The case of Cyrus Wilson is instructive: undisclosed-podcast.com/episodes/bonus…
Wilson had just turned 18 when he was charged with the first degree murder of Christopher Luckett in 1992. He always maintained his innocence. This is often a roadblock to parole, what's known as the "innocent prisoner's dilemma."
Wilson thus "could not express remorse for a crime he says he did not commit. He did, however, have ample evidence of his personal growth in prison, and dozens of supporters on hand to illustrate the community that was waiting to welcome him back.": nashvillescene.com/news/pithinthe…
In 2019, at age 45, he received parole and was given a scholarship to attend American Baptist College.
We covered Cyrus's case on @Undisclosedpod while his parole petition was pending. You can learn more about his case & hear from him on this episode: undisclosed-podcast.com/episodes/bonus…
For more about the innocent prisoner's dilemma, check out this article by @danielmedwed: prisonlegalnews.org/media/publicat…

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More from @EvidenceProf

17 Sep
Eleventh Circuit grants qualified immunity to prison officer who left inmate w/broken bone and partially-severed tendon in a cell that was 3 feet from medical examination room for several hours: media.ca11.uscourts.gov/opinions/pub/f…
In finding that the officer didn't violate a clearly established right, the court found that the inmate was *only* "'leaking' an indeterminate amount of blood 'all over' and leaving a 'path of blood.'"
The court thus contrasted his case from a prior case in which it denied qualified immunity when an officer failed to get care for an inmate whose blood soaked his clothing & pooled on the floor.
Read 4 tweets
16 Sep
Is it a Fourth Amendment search if police officers touch the hood and/or wheel well of a car to determine if it had been recently driven? utcourts.gov/opinions/supop…
In an opinion today, the Supreme Court of Utah found it didn't have to answer this question b/c the automobile exception applied: utcourts.gov/opinions/supop…
The court grappled with whether/how United States v. Jones applied to the facts:
Read 4 tweets
29 May 20
My @UofSCLaw students @ac_parham/@JasCaruthers & I have been researching no-knock warrant data for the Breonna Taylor case. Some preliminary findings #thread cc: @ACLUofKY @louisvillemayor @GovAndyBeshear @djaycameron
The @denverpost reviewed no-knock warrant requests for a 1-year period from 1999-2000. 167 no-knock warrants were requested. 162 were approved and only *5* were denied (3% denial rate).
More than 82% of the no-knock raids targeted minority residents (race of the target wasn't specified in 3% of cases). At the time, Denver's population was 56% Caucasian.
Read 25 tweets
7 May 20
Ronnie Long can prove his innocence today after *44 years* of wrongful conviction. I will be live tweeting about oral arguments, which you can livestream here at 9:00am EST:
Long is claiming Brady violations based upon forensic evidence that has been withheld for decades such as a suspect hair from the crime scene that was not a match for him & dozens of fingerprints which also weren't a match.
The only evidence against him was a highly suggestive, in-court, cross-racial identification by the witness, who was wearing a disguise.
Read 144 tweets
7 Jan 20
Potentially HUGE news for Adnan Syed. Court of Special Appeals of Maryland orders the circuit court to issue a writ of actual innocence in the James Kulbicki case: courts.state.md.us/sites/default/…
Kulbicki's case, you might recall, is the main (only?) case that the State/Thiru Vignarajah used to argue against Adnan's cell tower claim.
In Kulbicki, the Court of Appeals of Maryland granted Kulbicki a new trial, finding that his trial counsel was ineffective in failing to question the State's experts about flaws w/Comparative Bullet Lead Analysis.
Read 9 tweets
6 Nov 19
Oral arguments starting in the Joey Watkins case. I will live tweet in this thread: gasupreme.us/live/
Joey's attorney argues cell tower evidence shows he couldn't have gotten to the crime scene in time for the murder.
Notes how juror ignored the instruction not to do a drive test, which a juror did...leading to change from not guilty to guilty.
Read 60 tweets

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