United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.
Harvey v. Horan, 278 F. 3d 370 is a federal court case dealing with felons' rights of access to DNA testing. The Eastern Virginia District Court originally found that felons were entitled access to DNA testing on potentially exculpatory evidence, but this finding was later overturned by the Fourth Circuit Court of Appeals. Nevertheless, the case paved the way for the Innocence Protection Act, which ensures that convicted offenders can try to prove their innocence by requesting DNA testing on evidence in government's possession that was used in their case.
A writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. The term coram nobis is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the courts of common law in the English legal system during the sixteenth century.
Herrera v. Collins, 506 U.S. 390 (1993), was a case in which the Supreme Court of the United States ruled by 6 votes to 3 that a claim of actual innocence does not entitle a petitioner to federal habeas corpus relief by way of the Eighth Amendment's ban on cruel and unusual punishment.
Napoleon Beazley was a convicted murderer executed by lethal injection by the State of Texas for the murder of 63-year-old businessman John Luttig in 1994.
Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice.
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Ellis Wayne Felker was an American convicted and executed in 1996 in Georgia for the 1981 murder of Evelyn Joy Ludlam, a young woman who was working as a waitress while she attended college.
Lefkowitz v. Newsome, 420 U.S. 283 (1975), is a U.S. Supreme Court case which held that when state law permits a defendant to plead guilty without giving up his right to judicial review of specified constitutional issues, such as the lawfulness of a search or the voluntariness of a confession, the defendant is not prevented from pursuing those constitutional claims in a federal habeas corpus proceeding.
District Attorney's Office for the Third Judicial District v. Osborne, 557 U.S. 52 (2009), was a case in which the United States Supreme Court decided that the Constitution's due process clause does not require states to turn over DNA evidence to a party seeking a civil suit under 42 U.S.C. § 1983.
McKane v. Durston, 153 U.S. 684 (1894), was a United States Supreme Court case in which the Court held that the appellant, John McKane, had no federal constitutional right to an appeal. They held that state courts had the right to grant appellate review at their discretion.
The California Innocence Project is a non-profit based at California Western School of Law in San Diego, California, United States, which provides pro bono legal services to individuals who maintain their factual innocence of crime(s) for which they have been convicted. It is an independent chapter of the Innocence Project. Its mission is to exonerate wrongly convicted inmates through the use of DNA and other evidences.
Brendan Ray Dassey is an American convicted murderer from Manitowoc County, Wisconsin, who at 16 confessed to being a party to first-degree murder, mutilation of a corpse, and second-degree sexual assault. He was sentenced to life in prison with the earliest possibility of parole in 2048. His videotaped interrogation and confession, which he recanted at trial, substantially contributed to his conviction. Parts were shown in the Netflix documentary series Making a Murderer (2015). The series examined the 2005–2007 investigation, prosecution, and trials of Dassey and his uncle, Steven Avery, both of whom were convicted of murdering the photographer Teresa Halbach on October 31, 2005.
Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon federal fundamental rights. Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.
United States v. Morgan, 346 U.S. 502 (1954), is a landmark decision by the United States Supreme Court which provides the writ of coram nobis as the proper application to request federal post-conviction judicial review for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction.
Alissa Leanne Bjerkhoel is an American litigation coordinator at the California Innocence Project (CIP), a law school clinic that investigates cases of factual innocence while training law students. Bjerkhoel was born in Truckee, California, and later graduated from California Western School of Law (CWSL) after previously obtaining a B.A. degree She has been an attorney with CIP since 2008. Bjerkhoel has served as counsel for CIP on numerous criminal cases, and achieved the legal exoneration of a number of convicted prisoners. Bjerkhoel serves as CIP's in-house DNA expert and also serves as a panel attorney with the nonprofit law firms Appellate Defenders, Inc. (ADI) and Sixth District Appellate Program (SDAP). She is a member of the American Academy of Forensic Sciences. Bjerkhoel has won a number of awards.
Steven A. Drizin is an American lawyer and academic. He is a Clinical Professor of Law at the Northwestern University Pritzker School of Law in Chicago, where he has been on the faculty since 1991. At Northwestern, Drizin teaches courses on Wrongful Convictions and Juvenile Justice. He has written extensively on the topics of police interrogations and false confessions. Among the general public, Drizin is known for his ongoing representation of Brendan Dassey, one of the protagonists in the Netflix documentary series, Making a Murderer.
Martinez v. Ryan, 566 U.S. 1 (2012), was a United States Supreme Court case which considered whether criminal defendants ever have a right to the effective assistance of counsel in collateral state post-conviction proceedings. The Court held that a procedural default will not bar a federal habeas court from hearing ineffective-assistance-of-trial-counsel if there was no counsel or ineffective counsel in an initial-review collateral proceeding.
