i haven't paid attention to this thread because its largely arguing over distinctions that dont matter.
i dont particularly have a lot of experience in post conviction relief beyond the general expungement level. large DA offices like where i worked have specialized legal writing attorneys for PCR due to the procedural hurdles involved. PD officers, where i also worked, generally outsource their PCR to another state funded group due to the nature of PCR appeals generally containing "ineffective assistance of counsel" claims. and as a solo i haven't handled anything beyond the common getting arrests expunged after the probation periods completion.
that being said in my opinion i largely agree with Rflush's conclusion. because a real "exoneration" like the right are saying hasn't happened for the cp5 doesnt really exist. despite them claiming that trump has somehow acquired one..
after regular appeals, habeus petitions can rarely be reviewed on the merits of the case, in order to get this the defendant has to pass a burden that is "it is more likely than not that NO reasonable juror would have convicted." which is obviously extremely difficult. its referred to as the
Schlup gateway, or the "actual innocence gateway".
even if a defendant meets this standard and then is granted relief this doesn't bar the state from a re-trial. so by common sense even proving your "actual innocence" in PCR isn't an exoneration.
it reminds me of House v. Bell which was a US supreme court case where a guy was convicted of murder(1985) based on seeing him near the crime scene wiping his hands of a dark substance and having previous criminal history. AT trial the state presented bloody pants that contained blood from the victim and there was semen on the victims clothes. later testing revealed that the blood turned out to be victims however it was from well after she was dead and it had "spilled" onto his pants in police custody during evidence transport pre-trial, and the semen was found to be from the victims husband. the husband was also reported to have later confessed multiple times to local townspeople in testimony from witnesses. the supreme court concluded that House had done enough to pass through the innocence gateway as no reasonable juror would have convicted him, but still wasn't "exonerated" and faced a re-trial.
the CP5 case is similar imo. you have a confession from another party, no DNA evidence against the original defendants, actual DNA evidence in support of the other parties guilt, the other party gave details that matched other crimes of his that were in the rape, and even the hair evidence used against the CP5 proved to be not from the victim to my knowledge.
and despite what CV's crowd sometimes says, its not like the CP5 could somehow request another trial to get the magical "acquitted" status.
Quote:
If anything, it is much harder to get a conviction vacated than to be acquitted at trial
this is also obviously true due to the nature of PCR you already have a judgement against you. its like asking in sports if it is "harder" to cover the spread than win outright, of course it is.
i think people want a finding of "factual innocence" or something similar or for the courts to just say the word "exonerated" but thats not really going to happen. some states have factual innocence, but its mostly for expungement of arrests and charges that are dismissed prior to a judgement.
anyway. tldr- people like CV and others totally concerned with this one specific issue of "justice" can keep claiming that the CP5 was not "exonerated", because its largely impossible to be "exonerated".
some links to stuff if any of you are actually interested in reading more about schlup.
https://papers.ssrn.com/sol3/papers....act_id=1758161
https://www.kutakrock.com/files/Uplo...enceMatter.pdf
both are law review articles and kind of long. the first is by a law professor from 2006 and the second is from 2017 and was written by a law student at the time but is still pretty well sourced and argues a compelling point on how "new evidence" should be considered in these kinds of cases.