Once a defendant has been found guilty at trial, the presumption of innocence is shed and replaced with a presumption of guilt. The appeals process is not directly concerned with whether the jury made a mistake in its verdict, but rather focuses on the procedures which were followed in the trial leading up to that verdict.Perhaps the bleakest fact of all is that the death penalty is imposed not only in a freakish and discriminatory manner, but also in some cases upon defendants who are actually innocent. -Justice William J. Brennan, Jr., 1994
Rolando Cruz, released after 10 years on Illinois's death row, despite the fact that another man had confessed to the crime shortly after his conviction
Ricardo Aldape Guerra, who returned to Mexico after 15 years on Texas's death row because of a prosecution that even a federal judge openly called outrageous, and designed to simply achieve another notch on the prosecutor's guns.
Jay C. Smith, a former high school principal, was convicted of the 1979 murder of 3 people spent 6 years on death row, 13 years behind bars though his death sentence was later reduced to life. He was freed on Sept. 18, 1992 after the Pennsylvania Supreme Court unanimously ruled that the prosecution had withheld crucial evidence, calling the state's action "egregious" misconduct.
James Creamer was sentenced to death for a murder allegedly committed with six other individuals. After an investigation by the Atlanta Constitution, a federal judge declared that the prosecution had withheld and destroyed evidence, a witness admitted she had lied in court, and another man confessed to the crimes. The convictions against all seven men were overturned, and charges were later dropped.
Dale Johnston was sentenced to death for the murder of his stepdaughter and her fiancee. His conviction was overturned in 1988 by the Ohio Supreme Court because the prosecution withheld exculpatory evidence from the defense, and because one witness had been hypnotized. The state later dropped charges against Johnston.
his conviction was overturned in 1988 after 6 years yet he was not released until 1990.
This one really gets my goat
Joseph Burrows Illinois Conviction 1989 Released 1994 No physical evidence linked Burrows to the murder of William Dulin. The prosecution's two chief witnesses recanted their testimony against Mr. Burrows, and one of them confessed to the murder for which Burrows had been sent to death row. One of the witnesses said he had been coerced by prosecutors and police. Burrows was released in September, 1994 after serving 5 years, and the Illinois appellate courts have upheld the overturning of his conviction.
The Guy was released but the prosecutor didn't like losing and even knowing another confessed still tried to convict him again. The appellate courts had to uphold the overturning of his conviction.
I could go on and on .... but wont.