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Fourteen years after being forced to plead guilty to the "crime" of owning a gun in Washington, the blot against the record of Dave Magnus may be cleared. On Thursday, the District of Columbia Court of Appeals recognized that one should not bear a stigma for the past possession of a firearm in the nation's capital for the purpose of self-defense. "A conviction for conduct that is not criminal, but is instead constitutionally-protected, is the ultimate miscarriage of justice," Judge Stephen H. Glickman wrote in the 12-page decision.
Other officials failed to see matters with such clarity. The U.S. Attorney's office drew fire from the appellate judges during oral arguments in the case for claiming, in essence, that there was no realistic way such gun possession cases could be reopened, de...
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Abby Chapman wonders if the baby would have had her eyes.
The what-ifs weigh on your mind," she said. "What if I had become a mom? What would my life have been like?
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The commission would be named the Timothy Cole Innocence Commission in honor of Timothy Cole, an innocent Texan and an Army veteran, who served ten years of a 25-year sentence after being convicted of a sexual assault he did not commit. Unfortunately, Timothy Cole was not able to see the day he was found innocent and his name cleared, because he died in prison in 1999 at the of age 39, after being convicted due to a false eyewitness identification. "We are naming this commission the "Timothy Cole Innocence Commission" in order to put a face on the miscarriage of justice," said [Ruth Jones McClendon]. Timothy Cole's family was present for the vote. Earlier in the day, Governor Rick Perry and Representative McClendon met with the family to express condolences to them for their tragic loss.
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Manifest weight; aggravated vehicular homicide; accident; seizure; epilepsy; driver's license; reckless; heedless indifference; perversely disregards; manifest miscarriage of justice; trier of fact clearly lost its way.
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The American Bar Association has announced the winners of its 2010 Silver Gavel Awards, which honor pieces of journalism "that have been exemplary in helping to foster the American public's understanding of the law and the legal system." I would urge you to read the series that won in the newspaper category.
Presumed Guilty," from the Lincoln Journal Star, tells the story of how six people -- count 'em, six -- were imprisoned, some for almost two decades, in connection with a rape and murder they didn't commit. In 2008, DNA evidence excluded two of them from DNA left at the crime scene, and after that the whole case fell apart. Authorities concluded that a seventh person, unrelated to the original six, was solely responsible for the crime. Remarkably, the prosecutor who won the convict...
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An appeals court wrestled for nearly two hours Thursday with the fate of Dale Helmig, who was convicted of murdering his mother but released from prison after what a trial judge called "a fundamental miscarriage of justice.
Senior Judge Warren McElwain ruled last year that new evidence indicates Helmig didn't kill his mother in 1993 and that his trial wasn't constitutionally sound.
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How do you compensate a man for depriving him of 22 years of freedom?
That is the question Virginia must ask itself in the case of Arthur Whitfield, wrongfully convicted of two rapes in 1981. The clear answer? More than he has gotten so far.
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As a resident of Utah, I personally tend to believe that a great deal of the bad reputation the state receives is undeserved. However, about a week ago I was infuriated when I read the particulars of HB12. This legislation would criminalize miscarriages that were deemed preventable and make women who had a miscarriage vulnerable to criminal investigation. On a general basis, I'm far from what you may call a bleeding-heart liberal, but the prospect of this legislation passing is an imposition on the right to privacy of a woman and is morally backward.
It has been offered that a woman could potentially be eligible for criminal investigation if she has stayed with an abusive partner prior to pregnancy. This example made me cringe. I think of women who are forced to stay with abusive partne...
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House Judiciary Committee Chairman John Conyers Jr., appearing with the Rev. Al Sharpton by his side, said he will convene hearings to investigate the handling of the Jena 6 case and prosecutions of blacks nationwide.
We're trying to put together an understanding of how we can present this to the American people," said Mr. Conyers, Michigan Democrat, describing what he called a "miscarriage of justice" and the "circumstances of segregation that have been part of our legal system.
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Editor, the Tribune: The arrest, indictment, conviction and sentencing of Border Patrol agents Ignacio Ramos and Jose Alonso Compean raises serious questions about the integrity of our judicial system and the role of international politics in the railroading of two federal officers attempting to stop illegal immigration and drug dealing. From start to finish, this case constitutes a gross miscarriage of justice and perhaps one of the most cynical misuses of power in our nation's recent history.
The indictment of these two men for attempting to apprehend an illegal alien bringing almost 800 pounds of marijuana into this country is itself a scandal. The matter should have been handled administratively. Instead, the two were manhandled during their arrest, accused of a crime that carried a...