Is the Prevailing Legal Standard for ‘New Evidence’ Right?

Very informative piece about the ever increasing hurdle for those who are challenging their wrongful convictions. Also, it comes from a very good blog called Wrongful Convictions Blog. Thanks to our friends at the Innocence Project for sending this along!

Many post-conviction innocence cases rely upon the discovery of new evidence to support a claim of actual innocence.  But to be admissible in the case, the new evidence must meet the prevailing legal standard for admissibility.

In Ohio, this standard is called the Petro standard, because it resulted from the case of Ohio vs. Petro in 1947.  OH vs. Petro  Most states use some version of this standard.  There are six prongs to the standard: Continue reading

Back Home With a Harley — One ACJP Member’s Vision of Justice Comes True

This photo was just sent to us from a small town in Georgia by a longtime De-Bug/ACJP member Benny Love. It’s an image of victory — evidence of a dream made real, that he wanted the rest of us in San Jose to see. It’s his Harley resting in the backdrop of the town he was raised in. He was able to pay for the trip home, and the Harley, with the settlement win he received against the San Jose Police Department a while back. A few years ago, Benny was the recipient of an unjustified tasing, and was wrongfully arrested. Rather then just take the deal, and the abuse, Benny refused to plead guilty to something he didn’t do and filed a complaint against the officer. Benny, an African-American man in his 50’s, was homeless living in San Jose at the time. All criminal charges were eventually dismissed. He came to De-Bug after someone referred him. Benny at the time was standing out on the corner with a homemade sign that read “Need a Lawyer.” De-Bug hooked up with a great attorney Michael Reiser who fought hard for him. The city eventually settled to avoid civil trial. Through the whole experience, Benny would tell us all he wants is to go back home to his family. Through his perseverance, he returned home, and did so with style — cruising in his new Harley. Miss ya Benny!

VIDEO: Stop Deporting Youth in San Mateo County

On Wednesday, July 11, 2012, the San Mateo County Coalition for Immigrant Rights held a county-wide forum to urge the Board of Supervisors and Probation Chief Stu Forrest to stop reporting youth to ICE. More than 250 people attended. Check out the video below, and to see other media coverage of the campaign check out our storify! And to stay posted in our progress, check out!

“Evidence is Suppressed” — Charge Dropped

Congrats to another ACJP family! Charge beat after questionable investigation exposed. Took this photo yesterday at our Sunday meeting. The text reads, “evidence is suppressed.” The family came regularly to meetings, stood strong together, and stayed in constant communication with the various public defenders who represented the young woman through the arraignment, pre-lim hearings, early resolution hearing, and  preliminary examination. The suppression of evidence was based on a motion filed by the attorney, who was responding to the family’s recommendation that the attorney file a motion based in their review of the police reports.