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More on wrongful convictions from a list member

Chuck Thompson

Mon, Feb 17, 2014 1:17 PM

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Mid Year Seminar in Exciting Anchorage, Alaska, May 17-20, 2014
IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"

On a related note, I am working on a case where plaintiff's 20 year old murder conviction was overturned on a habeas petition based on IAC. Plaintiff now claims his conviction was wrongful based on a suggestive identification process used during the investigation, yet never raised the issue in the prior criminal proceedings. The case involves some interesting issues about Heck, statute of limitations, proof, etc. If anyone on the list has dealt with a similar situation I would be interested in hearing from them. Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Mid Year Seminar in Exciting Anchorage, Alaska, May 17-20, 2014 IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"

Larkin, Arthur (Law)

Tue, Feb 18, 2014 9:05 PM

Also attached are two briefs that address suggestive ID procedures - both are publicly filed. Although the motion was fully briefed in December, 2010, we do not yet have a decision.

The relevant pages are:

Moving Brief (pp. 4-7)
Reply Brief (pp. 2-15, 24-27)

Any questions, just let us know.

Arthur G. Larkin, Esq.
Senior Counsel
NYC Law Department
100 Church St., Room 3-177
New York, New York 10007
(212) 356-2641 (tel.)
(212) 788-9776 (fax)

From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Monday, February 17, 2014 8:17 AM
To: federal@lists.imla.org
Subject: [Federal] More on wrongful convictions from a list member

Also attached are two briefs that address suggestive ID procedures - both are publicly filed. Although the motion was fully briefed in December, 2010, we do not yet have a decision. The relevant pages are: Moving Brief (pp. 4-7) Reply Brief (pp. 2-15, 24-27) Any questions, just let us know. Arthur G. Larkin, Esq. Senior Counsel NYC Law Department 100 Church St., Room 3-177 New York, New York 10007 (212) 356-2641 (tel.) (212) 788-9776 (fax) ________________________________ From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Chuck Thompson Sent: Monday, February 17, 2014 8:17 AM To: federal@lists.imla.org Subject: [Federal] More on wrongful convictions from a list member On a related note, I am working on a case where plaintiff's 20 year old murder conviction was overturned on a habeas petition based on IAC. Plaintiff now claims his conviction was wrongful based on a suggestive identification process used during the investigation, yet never raised the issue in the prior criminal proceedings. The case involves some interesting issues about Heck, statute of limitations, proof, etc. If anyone on the list has dealt with a similar situation I would be interested in hearing from them. Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Mid Year Seminar in Exciting Anchorage, Alaska, May 17-20, 2014 IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"