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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 ...
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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- Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso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:
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- California Governor Pardons Former Prisoner Podcaster of “Ear Hustle”, Feb. 15, 2025. Pardons/Clemency, Prisoner Media.
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025. Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment.
- Seeking Justice for Two: The DNA Scandal That Shook a Community, Jan. 15, 2025. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence/Testing.
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- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
- Washington Court of Appeals: No Reimbursement for Community Service Performed for Vacated Conviction, Dec. 15, 2024. Wrongful Conviction, Appeals/Appellate Jurisdiction, Probation, Parole & Supervised Release, Reimbursement of Costs.