NY Governor Vetoes the Challenging Wrongful Convictions Act

This bill likely would've helped Jesse Friedman get an Actual Innocence hearing.

Jesse Friedman case

Challenging wrongful convictions – A2878-A/S7548

Sponsored by Assembly Member Jeffrion Aubry and Myrie, this bill would have made it easier for someone wrongfully convicted of a crime to have that conviction overturned, even if that person pleaded guilty, by removing procedural barriers to having new evidence heard by the court. In a veto memo, Hochul said that she supports the intent of overturning wrongful convictions and noted that she has approved numerous criminal justice reforms since taking office as well as existing avenues for post-conviction relief. But she said this bill is overly broad and would “create an unjustifiable risk of flooding the courts with frivolous claims.”

 Quoted from: Notable December 2023 NY vetoes

 

In Memoriam: Innocence Project Founding Board Member and Exoneree Calvin Johnson

 

Calvin Johnson was wrongly convicted of a crime and was fortunate that the Georgia Innocence Project assisted in securing his freedom.  I posted this comment on Facebook to Greg Hampikian, a DNA expert and guest speaker in my class over the years.  Greg helped prove Mr. Johnson's innocence, and the two wrote a book together about the experience.

In Memoriam

Posted on Greg's Facebook Page: Very sad to hear about Calvin's passing. He was an inspiring, hopeful, and forgiving person, and the two of you were a dynamic duo in writing Exit to Freedom. I remember when we brought our science and law classes to hear him speak at Clayton State in the late 1990s. You went up to him afterward to say something. That may have been the beginning of your friendship with him? My thoughts are with Calvin and supporting innocence projects in Georgia and across the country. Perry

Georgia State University's Center for Access to Justice

 

Very interesting article in GSU's Research magazine on the law school's Center for Access to Justice.

I am currently writing a book on teaching with a few chapters dealing with access to civil justice.  I define civil justice as leveling the playing field for the little guy.

Click here to read about GSU's Center for Access to Justice and its Alternative Spring Break Progam for law students.

Troy Davis Case Discussed on HBO's The Newsroom

I re-watched an episode of the Newsroom (Season 2, Episode 2 if you have HBO Max) which discussed the case.  Here is a short YouTube clip from CNN, the day before Mr. Davis' execution.

This was a death penalty appeal from several years ago.  It gained international attention and some of my students protested at the Georgia Capitol when the Governor denied clemency in 2011.  By a 4-3 vote, the Georgia Supreme Court denied Mr. Davis a new trial, though seven of nine adverse witnesses recanted their testimony and another witness was a suspect in the crime.  The U.S. Supreme Court upheld that decision.  

Here is a portion of the Georgia Dissenting (Minority) opinion:

We have noted that recantations by trial witnesses are inherently suspect, because there is almost always more reason to credit trial testimony over later recantations.   However, it is unwise and unnecessary to make a categorical rule that recantations may never be considered in support of an extraordinary motion for new trial.   The majority cites case law stating that recantations may be considered only if the recanting witness's trial testimony is shown to be the “purest fabrication.” To the extent that this phrase cautions that trial testimony should not be lightly disregarded, it has obvious merit.   However, it should not be corrupted into a categorical rule that new evidence in the form of recanted testimony can never be considered, no matter how trustworthy it might appear.   If recantation testimony, either alone or supported by other evidence, shows convincingly that prior trial testimony was false, it simply defies all logic and morality to hold that it must be disregarded categorically.

First Day of Class - Introduction to Civil Justice

 

We do this exercise on the first day of Consumer Law & Advocacy...

Introduction to Civil Justice 

Civil Justice - I define this as leveling the playing field for the little guy in civil disputes. 

I wrote the following paragraph on an actual case. Please read before class: I came across a story from July 2005 about West Virginia’s Marsh Fork Elementary School, which is situated 400 yards below a 2.8 billion gallon coal waste dam. 400 yards? 2.8 billion gallons?? With the kids breathing coal dust and chemicals from the coal silo which sits 150 feet away. The only reason this is making any news is that the grandfather of one of the elementary school kids sat on the West Virginia Capitol steps and refused to leave until the governor addressed these rather serious concerns. The guy was just a little curious why the Department of Environmental Protection approved a permit for an additional coal silo adjacent to the school. He was just wondering why in a school of 200 students, three kids and four teachers had died of cancer. And with 240 significant safety violations since 1991, why nothing was being done, like building another school. Away from the madness. 2.8 billion gallons. 2.8 billion. School’s not out. School’s gone! 

What would you do? Assume that you do not have the resources to move. (Reflect on the parallels with New Orleans residents affected by Hurricane Katrina, also in 2005). Break up into teams of three and discuss. Then we will re-group for a class discussion on this case and current cases in the news – e.g., Flint water crisis is back in the news. 

World Renowned DNA Expert Visits Internet Law Class via Zoom

My colleague at Boise State, Greg Hampikian, Ph.D spoke about DNA & Privacy Issues on the Internet, as well as select cases taken on by the Idaho and Georgia Innocence Projects, including:

Calvin Johnson - Exonerated after 16 years in prison

Johnny Lee Gates - Exonerated after 43 years in prison

Dr. Hampikian has worked on many cases, including the high profile Amanda Knox case in Italy.

Closing Keynote Speaker at International Education Conference - Teaching Students to Channel Passion with Justice Causes

I was honored to be selected as the Closing Keynote Speaker on: Using Social Media to Teach Justice Issues with a Teacher’s Passion Project Case
The Future of Education, Florence, IT (June 2019)

Also presented at:
- International Conference on Interdisciplinary Legal Studies, Toronto, Canada (June 2017)
- GTA Pedagogy Conference (GSU Center for Innovative Teaching), Atlanta, GA (April 2017)
- Academic and Business Research Institute – Legal Issues/Pedagogy Track, Asheville, NC (March 2017)