×
You've used up your 3 free articles for this month. Subscribe today.
Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued
Loaded on Aug. 15, 2022
by Harold Hempstead
published in Criminal Legal News
September, 2022, page 32
Filed under:
Wrongful Conviction,
Pardons/Clemency,
Actual Innocence/Claim of Innocence.
Location:
Kentucky.
by Harold Hempstead
The U.S. Court of Appeals for the Sixth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), does not bar a plaintiff who received a full, unconditional pardon from filing a § 1983 claim raising constitutional violations relating to their criminal conviction.
In 2008, Johnetta ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Speed Trap Gold Mine, by Jayson Hawkins
- Indirect DNA Transfer Can Result in Miscarriages of Justice, by David Reutter
- Manhattan DA Launches Conviction Review Unit, by Jayson Hawkins
- New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, by Douglas Ankney
- SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act, by Dale Chappell
- FBI Gets New Mass Surveillance Tool, by Jayson Hawkins
- Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief, by Dale Chappell
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, by Richard Resch
- How Many Federal Crimes Are There?, by Casey Bastian
- Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables, by David Reutter
- First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests, by Douglas Ankney
- SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A), by Dale Chappell
- Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso
- Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science, by Casey Bastian
- California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, by David Reutter
- California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), by Harold Hempstead
- Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued, by Harold Hempstead
- FBI Forces Suspect to Unlock Messaging App Using FaceID, by Anthony Accurso
- Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, by Harold Hempstead
- California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively, by David Reutter
- New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle, by Anthony Accurso
- SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1), by Dale Chappell
- Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement, by David Reutter
- New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, by Richard Resch
- Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily, by Anthony Accurso
- Missouri Supreme Court: Defendant Entitled to ‘Castle Doctrine’ Jury Instruction Even Though Assailant Not Unlawfully in Vehicle at Very Moment of Use of Deadly Force, by Harold Hempstead
- Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution, by Douglas Ankney
- Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable, by Douglas Ankney
- San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction, by Keith Sanders
- Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America, by Casey Bastian
- News in Brief
- Use of Death Penalty Continues to Decline in the U.S., by Douglas Ankney
- $670,000 Awarded to Use Virtual Reality to Evaluate Eyewitness Accuracy, by Jacob Barrett
More from Harold Hempstead:
- Florida Returning Canteen Funds for Prisoner Programming, July 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
- Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, June 1, 2023
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
- Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, April 15, 2023
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, April 1, 2023
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023
- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023
More from these topics:
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Two Exonerated Illinois Prisoners Win Settlements Totaling $14.5 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Fourth Circuit Revives Wrongful Conviction Claim of Exonerated Maryland Prisoner, State Pays Him $3.1 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Former Prisoner Informant Appointed Deputy Director of BOP, July 15, 2025. Prison Reform, Criminal justice system reform, Informants, War on Drugs, Pardons/Clemency, Bureau of Prisons (BOP), Trading Guns for Drugs.
- Trump Pardons Virginia Sheriff Convicted of a Bribes-for-Badges Scheme, July 15, 2025. Misconduct/Corruption, Pardons/Clemency, Bribery/Extortion/Theft.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025. Wrongful Conviction, Confessions - Coerced, Confessions and Statements of Defendant.
- $12 Million for Former California Prisoner Exonerated After 17 Years, July 15, 2025. Wrongful Conviction, Wrongful Imprisonment, Coercive Interrogations.
- $7.75 Million Settlement for Exonerated North Carolina Prisoner, June 1, 2025. Wrongful Conviction, Wrongful Imprisonment.
- $13 Million Awarded to Exonerated Massachusetts Prisoner for Wrongful Conviction, June 1, 2025. Wrongful Conviction, Wrongful Imprisonment.