Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
Is There an Innocence Exception to Anti-Terrorism and Death Penalty Act for Timeliness Requirement?
Floyd Perkins filed his habeas petition five years too late-however
"[d]ocuments in the court file suggest that Mr. Perkins actually tried pretty hard given his circumstances. Just before one deadline, he told Judge Bell in a handwritten filing, 'petitioner's legal documents and much of his personal property was destroyed' by prison personnel 'following petitioner's involvement in inciting a riot.'
'After which,' Mr. Perkins continued, 'petitioner was denied access to the law library and law materials while he was held in solitary confinement' for almost five years. He said he continued to seek legal help and to work on his case 'as much as one could have done being confined to solitary.' "
-Adam Liptak, "Case Asks When New Evidence Means a New Trial," New York Times (Nov 12, 2012).
The Supreme Court granted cert on Oct 29, 2012, and arguments are expected in February on whether, under the AEDPA of 1996, there is an actual-innocence exception to the "timely filing" requirement of a habeas petition. (SCOTUSblog coverage available here.).
King County Dismisses All Misdemeanor Marijuana Cases
"King County Prosecutor Dan Satterberg has dismissed all misdemeanor marijuana possession cases currently pending in Washington's largest county. **** Friday's announcement followed the passage of Initiative 502, which legalized marijuana possession of one ounce or less in Washington State. The law also called for a legal framework under which marijuana could be grown and sold; both those activities remain illegal outside the medical marijuana industry.
The initiative goes into effect Dec. 6, but Satterberg said he saw no reason to wait to drop the charges. 'Although the effective date of I-502 is not until Dec. 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,' Satterberg said in a statement."
-Levi Pulkkinen. "Satterberg Dismisses All Misdemeanor Marijuana Cases," Seattle PI.com (Nov 9, 2012).
Once an Acquital, Always an Acquital?
"Lamar Evans was acquitted of burning down a vacant house after his trial judge mistakenly required Michigan prosecutors to prove more than they needed to, all sides now in the case agree.
The U.S. Supreme Court on Tuesday considered whether Evans can now be tried again.
At the request of Evans's lawyer at the time, the trial judge said prosecutors had to prove that the house was a dwelling, even though state law did not require such proof. When they could not, the judge directed that Evans be acquitted.
However, the Michigan Supreme Court ruled 4-3 in March that Evans could be retried as the acquittal was based on an error of law that did not address the facts of the alleged crime.
*** Justice Ruth Bader Ginsburg questioned where to draw the line. 'If we adopt your [the government's] rule, it can't be for this case only,' she told Gannon. 'That's a difficult line to adopt.' "
-Jonathan Stempel, "Supreme Court Weighs Limit on Double Jeopardy Rule," Reuters (Nov 6, 2012).
