FW: More on wrongful convictions from a list member

CT
Chuck Thompson
Tue, Feb 18, 2014 8:14 PM

The City of New York has had several wrongful conviction cases, including Poventud, in which the Second Circuit sitting en banc found that plaintiff's claims were not barred by Heck.  Linda Donahue, of our office, has worked on Poventud and other wrongful conviction cases and would be happy to discuss.  She is cc'd on this email.  Thank you.

http://www.ca2.uscourts.gov/decisions/isysquery/32288a28-9456-4d09-83b2-7199d406475b/7/doc/12-1011_complete_enbanc_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/32288a28-9456-4d09-83b2-7199d406475b/7/hilite/

Muriel Goode-Trufant
Chief, Special Federal Litigation Division
EEO Officer
New York City Law Department
mgoodetr@law.nyc.govmailto:mgoodetr@law.nyc.gov
(212) 356-3500
Please note my new phone number.
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.orgmailto: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"

The City of New York has had several wrongful conviction cases, including Poventud, in which the Second Circuit sitting en banc found that plaintiff's claims were not barred by Heck. Linda Donahue, of our office, has worked on Poventud and other wrongful conviction cases and would be happy to discuss. She is cc'd on this email. Thank you. http://www.ca2.uscourts.gov/decisions/isysquery/32288a28-9456-4d09-83b2-7199d406475b/7/doc/12-1011_complete_enbanc_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/32288a28-9456-4d09-83b2-7199d406475b/7/hilite/ Muriel Goode-Trufant Chief, Special Federal Litigation Division EEO Officer New York City Law Department mgoodetr@law.nyc.gov<mailto:mgoodetr@law.nyc.gov> (212) 356-3500 Please note my new phone number. 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<mailto: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"