Amicus Brief Bank

The Amicus Brief Bank is an online archive of all Amicus Briefs filed by the Innocence Network in cases around the country.

What is an Amicus Brief?

An amicus brief is a written legal argument filed by someone not directly involved in a case on appeal to help educate the court about particular issues. The Network decides when to file amicus briefs based upon many factors including which jurisdiction the case is in, what the particular issues being advocated are, and what kind of an impact the brief might have.

Submit an Amicus Brief Request

See our amicus brief request page to submit a request to the Innocence Network’s Amicus Committee

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Amicus brief

Police or Prosecutorial Misconduct

False Confessions

State/Federal Habeas Corpus Rules & Procedures

People of the State of Illinois v. Jose Vidaurri (2023)

Position: Court should set a fair and reasonable bar for similarity of conduct for litigants seeking to make newly discovered evidence claims based on a pattern of police misconduct under Illinois law.

Decision: Pending

Counsel:

Exoneration Project

Courts:

Supreme Court of Illinois

Case #: 129551

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Amicus brief

Ineffective Assistance of Counsel

State/Federal Habeas Corpus Rules & Procedures

John Taylor v. Superintendent Dallas SCI (2023)

Position: Trial counsel's actual conflict of interest (where he represented the defendant and the state's star witness) fundamentally undermines representation so thoroughly that a habeas petitioner need not also establish prejudice under Strickland.

Decision: Pending

Counsel:

Pennsylvania Innocence Project

Courts:

U.S. Court of Appeals, Third Circuit

Case #: 23-2511

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Amicus brief

Eyewitness Identification

People of the State of California v. Steven Dewayne Cheatham (2023)

Position: Eyewitness certainty does not correlate to accuracy and the jury likely was confused by a misleading certainty instruction and the court should provide a legal framework that allows relief in cases of likely wrongful conviction.

Decision: Pending

Counsel:

Wilkie Farr & Gallagher LLP

Courts:

Supreme Court of California

Case #: Capital Case #: S172432; LA County Superior Court #: TA77801

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Amicus brief

Unreliable Forensic Science

Jason Smith v. State of Arizona (2023)

Position: Because forensic science has an outsized impact on jurors, cross-examination must include the analyst who actually performed the forensic testing, not a surrogate.

Decision: Pending

Counsel:

Tonkin Torp LLP

Courts:

Arizona Court of Appeals, Division One

Case #: 22-899

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Amicus brief

State/Federal Habeas Corpus Rules & Procedures

Danny Jacobs v. Ryan Thornell (2023)

Position: The Ninth Circuit should overrule its prior precedent and hold that amendments made to federal habeas corpus petitions that have been adjudicated in the district court, but remain pending on appeal, do not constitute a second/successive petition.

Decision: Pending

Counsel:

Federal Defenders of Montana

Courts:

U.S. Court of Appeals, Ninth Circuit

Case #: No. 22-16822

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Amicus brief

Compensation

Other Issues

In Re Terrell Champagne (2023)

Position: Juveniles should be treated the same as adults in obtaining a certificate of innocence compensation so they may seek compensation. Juvenile adjudications are “convictions” for the purpose of a certificate of innocence and the denying exonerated juveniles a certificate of innocence violates equal protection. Thus, the court can and should extend the certificate of innocence statute to juveniles to avoid and unconstitutional interpretation.

Decision: Pending

Counsel:

Latham & Watkins LLP

Courts:

Appellate Court of Illinois, First Judicial District

Case #: No. 1-22-1880

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Amicus brief

State/Federal Habeas Corpus Rules & Procedures

False Confessions

Confessions, Interrogations & Interviewing

People of the State of Illinois v. Wayne Washington (2023)

Position: False confessions and guilty pleas are generally not voluntary acts, and thus they should not preclude a defendant from seeking/obtaining a certificate of actual innocence under Illinois law.

Decision: Pending

Counsel:

Jones Day

Courts:

Supreme Court of Illinois

Case #: No. 127952

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Amicus brief

State/Federal Habeas Corpus Rules & Procedures

False Confessions

Confessions, Interrogations & Interviewing

Commonwealth of Pennsylvania v. Jerry Reeves (2023)

Position: The Court should protect innocent defendants facing retrial by excluding prior testimony tainted or impelled by a constitutional violation, and the Court should allow trial courts the discretion to admit expert testimony on factors contributing to false confessions.

Decision: Pending

Counsel:

Ballard Spahr LLP

Courts:

Supreme Court of Pennsylvania, Middle District

Case #: No. 220 MAL 2022

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Amicus brief

Access to Evidence

State/Federal Habeas Corpus Rules & Procedures

Sergio Ochoa v. Ronald Davis (2023)

Position: The court should reaffirm Nunes v Mueller, 350 F.3d 1045 (9th Cir. 2003) and recognize that it remains good law, so that federal habeas corpus petitioners have a meaningful chance of federal court review in cases where the California state courts dismissed post-conviction petitions based on a failure to plead a prima facie case.

Decision: Pending

Counsel:

Loyola Project for the Innocent

Courts:

U.S. Court of Appeals, Ninth Circuit

Case #: CA NO. 18-99007

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Amicus brief

Access to Evidence

Access to Post-Conviction DNA Testing/Complex DNA Issues

State/Federal Habeas Corpus Rules & Procedures

Commonwealth of Pennsylvania v. Willie James Hardy (2023)

Position: The lower court interpreted Pennsylvania's DNA statute in an unduly narrow way, and the Supreme Court should reverse to avoid various negative consequences, including wrongfully-convicted people relamining incarcerated because they are denied access to DNA testing.

Decision: Pending

Counsel:

Reed Smith

Courts:

Supreme Court of Pennsylvania

Case #: No. 42 WAP 2022

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