New Evidence of Innocence — Innocence Network
You are here: Home Brief Bank New Evidence of Innocence

New Evidence of Innocence

Armstrong, Ralph, State v. (2005)

Counsel: Wisconsin Innocence Project
Case Number: 01-2789 and 02-2979
Position: Courts have authority to consider new evidence of actual innocence without regard to the statutory one-year limitation period for newly discovered evidence, and that the standard for granting a new trial based upon newly discovered evidence should not be a strict "outcome-determinative" test, at least where the state relied at trial upon facts that turned out to be false. Statutes of limitations, limiting the time in which a prisoner can seek a new trial based on newly discovered evidence, cannot limit courts' ability to consider new evidence of actual innocence.

House v. Bell (2005)

Counsel: Innocence Project
Position: Relevant exculpatory DNA evidence can satisfy the Schlup v. Delo actual Innocence gateway standard for permitting habeas review of otherwise procedurally defaulted claims.

Siller, Thomas v. State of Ohio (2008)

Counsel: Innocence Network
Case Number: 08-90865
Position: New trial should be granted where conviction rested on snitch testimony and fraudulent forensic science.

Slaughter, Jimmie Ray v. Mike Mullin (2005)

Court: Tenth Circuit
Counsel: Innocence Project
Case Number: 05-6049
Position: Leave to file successor habeas petition should be granted based on new DNA evidence on hairs and on scientific research undermining ballistics evidence that was used at trial.

Souliotes, George A. v. Anthony Hedgpeth (2009)

Counsel: Innocence Network & Bob Barr (by Cooley Godward Kronish)
Case Number: 08-15943
Position: Courts have authority to consider new evidence of actual Innocence without regard to the statutory one-year limitation period for newly discovered evidence, and that the standard for granting a new trial based upon newly discovered evidence should not be a strict "outcome-determinative" test, at least where the state relied at trial upon facts that turned out to be false. - Statutes of limitations, limiting the time in which a prisoner can seek a new trial based on newly discovered evidence, cannot limit courts' ability to consider new evidence of actual Innocence.

Souliotes, George A. vs. Anthony Hedgpeth (2010)

Court: Ninth Circuit
Counsel: Innocence Network by Cooley LLP
Case Number: 06-CV-0667
Position: Petition for Rehearing and Rehearing En Banc.