For the professional edge in your day-to-day practice, rely on the most timely, objective reporting on significant developments, trends, and emerging patterns in criminal law today—Criminal Law...
Sept. 14 — An Ohio Innocence Project defendant serving life in prison for a 1991 murder received a blow from the U.S. Supreme Court Sept. 13 ( Cleveland v. Bradshaw, U.S., No. 16A226, application denied 9/13/16).
Justice Elena Kagan’s decision to deny Alfred Cleveland’s certificate of appealability effectively bars the defendant from pursuing his claims in federal court, Jennifer Bergeron, staff attorney at the Ohio Innocence Project representing Cleveland, told Bloomberg BNA.
Bergeron said the decision was “highly disappointing,” especially considering the decision from the U.S. Court of Appeals for the Sixth Circuit concluding that no juror could find the defendant guilty based on the new evidence.
“It’s hard to understand how someone who could have a federal court declare that they appear to be actually innocent not allowed to appeal on the merits of their claims,” she said.
In his certificate for appealability, Cleveland sought to have four claims considered:
The defendant was convicted with three co-defendants, who also claim innocence but were not parties to the certificate of appealability.
One of Cleveland’s co-defendants, Ian “Benson” Davis, has a case pending at the district court level, but Davis’s attorney does not think the decision in Cleveland's case will affect the outcome of Davis's case.
“While they were convicted of the same crime, they have different legal issues,” said Joanna Feigenbaum Sanchez, an assistant state public defender with the Ohio Public Defender’s Wrongful Conviction Project.
Both attorneys and courts have made efforts to keep Cleveland’s and Davis’s cases separate, so Sanchez said the decision likely won’t have a large impact on the case.
To contact the reporter on this story: Jessica DaSilva in Washington at email@example.com
To contact the editor responsible for this story: C. Reilly Larson at firstname.lastname@example.org
Cleveland’s application is available at http://src.bna.com/izS.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)