Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Friday, April 28, 2006

U.S. 7th Circuit Affirms Release of Man Based on DNA Evidence

Here's the decision: Evans v. Katalinic, 06-1253 (7th Cir., Apr. 26, 2006)

It's not that the decision is that earth-shattering, but what the Judge's comments were concerning the defendant's arguments. This is from OrinKerr.com :

"Check out this decision from the Seventh Circuit today involving a lawsuit filed by a man who was wrongly convicted of raping and murdering a little girl, and who served 27 years in prison for it before being exonerated based on DNA evidence. The man sued the City of Chicago and the police for coercing false testimony and hiding that fact. In this appeal, the lawyers for the police tried to argue that the result of the trial 30 years ago was binding on the wrongfully convicted man under collateral estoppel principles, which Judge Evans rightly dismisses as “an absurd argument, for any number of reasons.” The lawyers then tried to argue that the wrongfully convicted man had waived his claim by not bringing it 30 years ago, a claim that Judge Evans describes as ”too ridiculous to merit comment.” Indeed."



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