Friday, September 17, 2010
The L.A. Times has this story:
An attorney for a man wrongly convicted of murder accused California Atty. Gen. Jerry Brown's office Thursday of waiting until after the November election to seek to return the man to prison on a technicality.
. . .
Lisker . . . was released from prison last year after a judge found that he was convicted on "false evidence" and had been inadequately represented by his trial attorney.
. . .
Earlier this month, the attorney general filed a motion asking a judge to reverse her decision to overturn Lisker's conviction because he had missed a deadline years ago by which to file his appeal.
The attorney general's motion hinges on a U.S. 9th Circuit Court of Appeals ruling in a different case decided in July. In that case, a man's conviction for child sex abuse and sodomy had been overturned by a district court judge even though he had missed a federal deadline in which to file his habeas corpus petition. As in the Lisker case, the district court judge determined after evidentiary hearings that the man, Richard Lee, had met an "actual innocence" exception to the deadline.
The 9th Circuit reversed that ruling. The judges noted the overturning of Lisker's conviction and said there was a "widening split among the district courts of our circuit on whether there is an actual innocence exception." They concluded that no such exception exists and reinstated Lee's conviction.