Category Archives: Wrongful Incarceration

$600K awarded in wrongful incarceration case

Texas mom convicted in foster son’s salt-poisoning death to get nearly $600G for wrongful jailing

ABC News reported that the Texas comptroller told Hannah Overton on Tuesday that she would receive a check for $573,333.33 for wrongful incarceration.

She also is qualified to receive insurance and education benefits, and next year she’ll get an annuity …

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After 23 Years of Wrongful Imprisonment, Not One Dime

How much are 23 years of a person’s life worth?

Nothing, if those years were spent in a Kansas prison after a wrongful conviction.

Last October, Lamonte McIntyre was set free after he was exonerated of the double murder for which he was convicted in 1994.

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Man gets nothing from state after 23-year wrongful imprisonment

The wrongful conviction of a teenager in Kansas has the state attorney reexamining the circumstances leading to his more than two decades in prison.

The case is also turning up possible problems with about a dozen other convictions.

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Man imprisoned 17 years in wrongful conviction gets $817,000

 

Man imprisoned 17 years in wrongful conviction gets $817,000 compensation

http://www.mlive.com/news/grand-rapids/index.ssf/2017/09/man_imprisoned_17_years_in_wro.htmlA judge has awarded $817,000 to a Grand Rapids man who spent 17 years in prison for rape in a wrongful conviction.

Quentin Carter was awarded the funds Wednesday, Sept. 6 during a hearing before Michigan Court of Appeals …

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Opinion: This is outrageous! Do the math; that works out to just $48,079 per year! So…the state of Michigan can wrongfully imprison a person indefinitely and then the only penalty it incurs is to pay them the equivalent of $5.50 per hour that they’re locked up! That’s not even minimum wage! UNBELIEVABLE!

GR man receives $817,351 for wrongful imprisonment

http://woodtv.com/2017/09/06/gr-man-receives-817351-for-wrongful-imprisonment/GRAND RAPIDS, Michigan
A man who was wrongfully convicted spent 17 years in prison for a rape he didn’t commit.

Now, Quentin Carter is getting a check for $817,351.

“I’m very happy,” said Carter in court following the ruling Wednesday.

Carter is …

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A Whistleblower Imprisoned, Not Silenced

A Whistleblower Imprisoned, Not Silenced

https://www.commondreams.org/views/2017/06/21/whistleblower-imprisoned-not-silencedMy name is Jeffrey Alexander Sterling, and I am an innocent man who has been wrongfully convicted of espionage after dedicating my life to serving the U.S. government.

I have always been a fighter.

I fought to graduate college, and was the first in my …

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Double vision: KU Project for Innocence frees wrongfully imprisoned man after finding doppelganger

http://news.ku.edu/double-visionDespite maintaining his innocence from the start, Jones had already spent 15 years in prison for aggravated robbery – convicted after the victim and witnesses of a purse snatching identified him in a police lineup.

Without new evidence to counter the …

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Death row inmate Tyrone Noling’s life may depend on DNA testing, attorney tells high court; Portage prosecutor say

http://www.ohio.com/news/local/death-row-inmate-tyrone-noling-s-life-may-depend-on-dna-testing-attorney-tells-high-court-portage-prosecutor-say-further-delays-not-needed-1.775703Elkins was wrongfully imprisoned and spent nearly eight years in prison for the murder of his Barberton mother-in-law.

He was freed after a DNA test of a cigarette butt from another prison inmate was linked to DNA from the crime scene.

Earl Gene Mann …

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This True-Crime Podcast Helped Exonerate a Man Imprisoned for 13 Years

http://www.adweek.com/digital/this-true-crime-podcast-helped-exonerate-a-man-imprisoned-for-13-years/A Swedish man convicted of murder and robbery and in prison for 13 years was freed after a retrial that was partly the result of a popular podcast.

Kaj Linna was released after the podcast Spar uncovered evidence that discredited a key witness whose …

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Ohio budget bill would expand wrongful conviction payouts

http://www.cleveland.com/metro/index.ssf/2017/06/ohio_budget_bill_would_expand.htmlA provision in the state budget bill would make it easier for Ohio’s ex-inmates to receive compensation for being wrongfully imprisoned.

Critics of the proposed change say the tweak would make Ohio’s wrongful imprisonment law the most …

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Ohio budget bill would expand wrongful conviction payouts

Ohio budget bill would expand wrongful conviction payouts

http://www.cleveland.com/metro/index.ssf/2017/06/ohio_budget_bill_would_expand.htmlCritics of the proposed change say the tweak would make Ohio’s wrongful imprisonment law the most expansive in the country and cost the state millions of dollars a year.

Supporters say the state should pay if law enforcement or the courts committed a …

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Ohio Budget Bill Provision Would Make the State One of the Most Progressive in Compensating Wrongfully Convicted

https://www.clevescene.com/scene-and-heard/archives/2017/06/16/ohio-budget-bill-provision-would-make-the-state-one-of-the-most-progressive-in-compensating-wrongfully-convicted-individualsTucked into the massive proposal now being debated in Columbus is a provision that would expand payouts for Ohioans wrongfully convicted for crimes they didn’t commit.

The move would actually make the Buckeye …

If you’ve spent any time reading up on …

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Overturned convictions could cost Ohio more under budget proposal

http://www.mydaytondailynews.com/news/state--regional-govt--politics/overturned-convictions-could-cost-ohio-more-under-budget-proposal/YTHkByZYHNTKyL8NufBiEK/Matt Huffman, R-Lima, is backing a measure included in the state budget bill that could greatly expand the number of people eligible to collect compensation because of wrongful imprisonment.

The measure has encountered opposition because of the …

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Wrongfully imprisoned face battle for compensation

http://www.detroitnews.com/story/news/local/detroit-city/2017/06/08/wrongfully-imprisoned-michigan-compensation/102609892/Under the law, wrongfully convicted ex-convicts will be paid $50,000 for each year they served in prison, along with legal fees.

But the payouts won’t be automatic, McHenry’s attorney Wolfgang Mueller said.

“It’s not a credit card application, where …

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Chicago man freed from prison, given $25 million and spent his second chance rebuilding his old gang

http://www.chicagotribune.com/news/ct-gang-leader-multimillion-dollar-settlement-met-20170308-story.htmlJust three years earlier, Jimenez had won a staggering $25 million verdict for his wrongful murder conviction.

But instead of building a new, productive life, he used the money to rebuild his old street gang.

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Appeals court upholds $11M wrongful imprisonment jury award

Appeals court upholds $11M jury award in St. Paul Toyota crash case

http://www.twincities.com/2017/06/09/appeals-court-upholds-11m-jury-award-in-toyota-case-koua-fong-lee/TwinCities.comA federal appeals court has affirmed an $11 million jury award related to a St. Paul automobile crash that killed three people and resulted in the wrongful imprisonment of a driver. Koua Fong Lee, left, and his wife, Panghoua Moua, react after hearing …WTOP Read more now

City settles federal lawsuit by man unjustly imprisoned 34 years

http://www.nola.com/crime/index.ssf/2017/06/city_settles_federal_lawsuit_b.htmlThe settlement to the 2015 lawsuit was announced with a one-paragraph entry placed into the court record by Knowles.

“Following discussions among the parties, the above-captioned case has settled,” the judge’s notice read.

“The parties have requested …

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Foley files lawsuit seeking payment for wrongful imprisonment

http://www.thedailyreporter.com/news/20170608/foley-files-lawsuit-seeking-payment-for-wrongful-imprisonmentLANSING
Convicted, then acquitted for the murder of his wife, Dee Dee, Tom Foley has filed a lawsuit against the state of Michigan and Branch County for wrongful imprisonment.

The suit was filed under the 2016 Wrongful Imprisonment Compensation Act …

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Wrongfully imprisoned face battle for compensation

http://www.detroitnews.com/story/news/local/detroit-city/2017/06/08/wrongfully-imprisoned-michigan-compensation/102609892/When Snyder signed the Wrongful Imprisonment Compensation Act into law, Michigan became the 32nd state, along with the federal government and the District of Columbia, to adopt compensation statutes.

But there have been problems with the statutes in …

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New Trial Requested in ‘Making a Murderer’ Case

https://www.usnews.com/news/best-states/wisconsin/articles/2017-06-07/new-trial-requested-in-making-a-murderer-caseDNA scientific testing on several critical pieces of evidence.

Avery and Dassey contend they were framed by law enforcement angry with Avery for filing a lawsuit against Manitowoc County over his wrongful imprisonment for a sexual assault he didn’t commit …

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Shining A Light On The Falsely Incarcerated

Record Executive Jason Flom Shines A Light On The Falsely Incarcerated, One Podcast At A Time

http://www.vibe.com/2017/03/jason-flom-wrongful-conviction-podcast-innocence-project/His story and a number of others who’re fighting to prove their guiltlessness are highlighted on Flom’s weekly podcast titled Wrongful Conviction.

Through phone or in person interviews, Flom shines a light on a handful of prisoners’ stories of how …

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Capital notebook: Bussman files bill for inmate

http://www.timesdaily.com/news/state-capital/capital-notebook-bussman-files-bill-for-inmate/article_04cecc85-41e8-555c-bd35-abfe72c5a496.htmlBussman introduced similar legislation last year during a special session.

It died in the Marketing and Tourism Committee without a vote.

Compensation would have to be approved by the Legislature’s Committee on Compensation for Wrongful Incarceration.

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EXCLUSIVE: This Is What ‘Race and Wrongful Convictions’ Study Tells Us About Prison, Black Men and Black Women

http://www.essence.com/news/wrongful-convictions-study-prison-systemThe biggest tragedy of the American judicial system, without question, is mass incarceration.

According to PrisonPolicy.org, the U.S. incarcerates more people than any other country in the world with around 2.3 million currently in prison.

But a new …

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‘Significant Settlement’ for Innocent Men Jailed 32 Years

http://www.newser.com/story/239470/innocent-men-jailed-32-years-to-get-31m.html“We have reached an agreement that recognizes the years these men spent incarcerated and allows them and their families closure,” Stringer said in a statement Friday, noting the men’s case “represents the longest period of incarceration for any …

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Oklahoma Man Gets $175,000 After Wrongful Conviction

http://www.opposingviews.com/i/society/man-wrongly-convicted-gets-175000-13-years-prisonThomas Webb III, an Oklahoma man who spent 13 years in jail after being wrongfully convicted of rape, will finally receive some recompense for his nightmare behind bars.

After years of negotiations, the state has agreed to pay Thomas the maximum amount …

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Chicago man freed from prison, given $25 million. He spent his second chance rebuilding his old gang

http://www.chicagotribune.com/news/ct-gang-leader-multimillion-dollar-settlement-met-20170308-story.htmlJust three years earlier, Jimenez had won a staggering $25 million verdict for his wrongful murder conviction.

But instead of building a new life, he used the windfall to rejuvenate his old gang, paying recruitment bonuses, buying guns and fancy cars …

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Wrongfully Convicted Man Gets $175,000 for 13 Years in Prison

http://www.nbcnews.com/news/us-news/wrongfully-convicted-man-gets-175-000-13-years-prison-n730796That is what is supposed to make up for his 13 years of incarceration ─ the lost wages and potential, the separation from family and friends, the time he’ll never get back ─ and the psychological trauma that thrust him into addiction and homelessness …

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Wrongful Imprisonment; Urgently Undoing Past Wrongs

What to look for in final weeks of 2-year legislative term

http://www.lansingstatejournal.com/story/news/local/michigan/2016/11/26/look-final-weeks-year-legislative-term/94483142/Advocates hope legislators don’t forget a proposal to pay exonerated inmates $50,000 for each year of their wrongful incarceration.

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I just read this story that said in Michigan they are trying to pass a law that says the state must pay people who have been wrongfully incarcerated $50,000 per year of incarceration. Is that insane or what?

For all you non-math whizzes out there, that equates to just $5.71 per hour for being illegally deprived of your rights, your liberty, your freedom, your dignity and quite often your health or even your life. And in most cases, your personal and professional reputation, your livelihood and your family are lost too. For five bucks an hour. That’s not even minimum wage!

24 x 365 = 8,760 stolen hours per year / $50,000 = $5.71 an hour

To me, this seems like nothing more than a slap on the wrist, not unlike pharmaceutical companies who earn tens of billions of dollars selling drugs they know injure and kill people, and then budget 5% of their profits to pay for the lawsuits and settlements.

Personally, I would propose something vastly different that I believe would effect real change. I think that wrongfully incarcerated people, once exonerated, should be automatically entitled to collect a mandatory, non-taxable, non-negotiable $5,000,000 per year or partial year of incarceration PLUS a mandatory review of the judge, police officers and prosecutors in the case. And if willful or malicious wrongdoing is discovered by said judge, prosecutors, police officers, etc., an immediate 5-year imprisonment and $250,000 fine per infraction for each of the wrongdoers regardless of age, retirement, etc.

24 x 365 = 8,760 stolen hours per year / $5,000,000 = $570.78 an hour
Now THAT looks more like justice, AND a big damn deterrent!

But that’s just me.

Second Chester man paroled for 1973 killing that police now say he did not commit

http://www.charlotteobserver.com/news/local/article117898278.htmlLegal experts have said the men, if exonerated, deserve compensation from the state for wrongful imprisonment.

As for Degraffenreid, it remains unclear if he will be capable of living outside a place where he has professional care for his mental condition.

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The Prosecutor’s Duty to Disclose Favorable Evidence: Giving RPC 3.8 Muscle

http://www.thelegalintelligencer.com/latest-news/id=1202771766390/The-Prosecutors-Duty-to-Disclose-Favorable-Evidence-Giving-RPC-38-Muscle?mcode=1395262324557&curindex=274Since 1989, 1,900 people have been exonerated of crimes that either wrongfully imprisoned them for life, or placed them at the threat of death.

In the past three years alone, 421 convictions have been overturned as the technology and the advocacy in …

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Insurance Coverage for Wrongful Incarceration Cases in New Jersey

The third jurisdiction we address pertaining to wrongful incarceration coverage issues is New Jersey, which has three relevant cases.

New Jersey courts have held that for purposes of determining the existence of insurance coverage under a general liability …

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Wrongful Incarceration FAQs

In the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), Congress added a new exclusion from income under section 139F of the Internal Revenue Code.

Under this new exclusion, a wrongfully incarcerated individual does not include in income any …

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EDITORIAL: Indiana’s new governor should act swiftly on pardon

He chose to go home to his wife and three children, who were homeless at times during his wrongful incarceration. THAT DECISION HAS affected his ability to secure a better living. And his name isn’t truly cleared. Despite the Indiana Parole Board’s …

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Letter: Johnston deserves damages for loss of freedom

Dale Johnston has been getting the runaround from the state blocking him from pursuing wrongful imprisonment damages (“Innocent man still fighting for acknowledgement,” Dispatch article, Nov. 20). Sentenced to die in 1984 for double murders …

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The incredible story of Nick Yarris, the wrongly convicted British resident who spent 23 years on death row… and … – The Sun

https://www.thesun.co.uk/living/2273444/the-incredible-story-of-nick-yarris-the-wrongly-convicted-british-resident-who-spent-23-years-on-death-row-and-is-now-having-a-netflix-series-made-about-him/Now free from the daily torture he faced behind bars, and given $4 million (£3.2million) in compensation for his wrongful imprisonment, the falsely accused dad has had time to reflect on his experiences.

The Daily Mail reported that he has previously …

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After Wrongful Imprisonment, Former Inmate Appeals Lawsuit Against Ohio

http://radio.wosu.org/post/after-wrongful-imprisonment-former-inmate-appeals-lawsuit-against-ohioThe high court kept alive Dale Johnston’s decades-long fight for innocence when it ruled last year that a law updating Ohio’s definition of a wrongfully imprisoned individual could be applied retroactively.

But a Franklin County appeals court later …

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Ohio man wrongly put on death row seeks ability to sue the state

https://www.correctionsone.com/capital-punishment/articles/242339187-Ohio-man-wrongly-put-on-death-row-seeks-ability-to-sue-the-state/Dale Johnston on Monday, March 9, 2015, in Grove City, Ohio recalls the years he’s spent fighting the state for a wrongful imprisonment ruling for the time he spent on Ohio death row from 1984 to 1990 for the slayings of his step-daughter and her …

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Judge Blocking Brendan Dassey’s Release From Prison Has History Of Keeping Innocent Men Behind Bars

http://moviepilot.com/p/brendan-dassey-release/4149305At the time of his death, he and Zellner had filed lawsuits against both Chicago and Cook County law officials for malicious prosecution, false arrest and false imprisonment.

Young was also about to receive a $130,000 restitution from the state for his …

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The Man Who Recorded the Wrongfully Imprisoned to Fight Mass Incarceration

http://observer.com/2016/11/the-man-who-recorded-the-wrongfully-imprisoned-to-fight-mass-incarceration/Yesterday I received a press release for a campaign called “Imprisoned for Art.”

Launched by The Voice Project, the campaign pairs well-known artists with currently imprisoned artists to raise awareness for their wrongful imprisonment over a lack of …

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Exonerated Man’s $20 Million Settlement Considered Marital Property in Divorce

Oh Damn! Exonerated Man’s $20 Million Settlement Considered Marital Property in Divorce
An exonerated inmate in Illinois was awarded $20 million in a wrongful conviction settlement in March 2015. Now, that cash is up for grabs in his divorce…

Insurance Coverage for Wrongful Incarceration Cases in California

Insurance coverage Protection for Wrongful Incarceration Cases in California
The second jurisdiction we will discuss relating to protection concerns developing from claims for wrongful incarceration is California, which, like New York, has two essential choices including coverage for destructive prosecution cases. Unlike New york city, nevertheless, the case law in California originates from civil cases, not criminal cases. However, the Court of Appeal in California held that it makes no distinction whether the case is civil or criminal in identifying whether a claim for malicious pro …Get the full story here

Lawmakers consider bill to offer compensation after wrongful convictions

It is about time!
Legislators consider expense to offer payment after wrongful convictions
Floyd Bledsoe, an Oskaloosa native, invested 16 years in prison after he was wrongfully convicted of his sister-in-law’s rape and murder. DNA evidence …

Home panel takes a look at compensating people wrongfully convicted of felonies
Ramon Gonzalez, a Perry Republican politician, stated House Costs 2611 would need development of an advantage plan as if wrongfully convicted prisoners had …
DA Thompson discusses conviction evaluation objective
Brooklyn District Attorney Kenneth Thompson sat down with News 12 Monday to discuss his record on vindicating people wrongfully convicted and …
Home panel looks at compensating people wrongfully convicted of felonies“The bill attends to the monetary loss of a person who deals with a wrongful conviction and offers monetary relief,” stated Gonzalez, who dealt with a …
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