I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.


Judge Davidson to Dickie Scruggs: Listen up. You have to prove actual innocence

Judge Davidson has just entered an order denying Scruggs’s motion that the court set aside his plea because there was no bribery and therefore (the argument goes) no federal crime and thus no jurisdiction.

Judge Davidson responds that any jurisdiction argument was waived by the guilty plea and lack of appeal thereafter, and that […]

To My Surprise, There Is Something More Bogus Than Bite-Mark Evidence

I have always thought the whole business of having dog handlers announce their dog had shown an alert highly bogus.  I had no idea how far this bogosity had been pushed until I read this story from Texas.  A father, son and daughter were convicted of murder based on a dog sniffing line-up.

A what?


West Memphis 3 introduce themselves: Imprisoned “for a crime I did not commit.”

CNN is broadcasting the press conference live; above is a screengrab.

They apparently entered Alford pleas, that they were innocent but the prosecution had enough evidence to go to a jury on guilt.   The prosecutor’s press conference proceeded, with the prosecution saying that the defense team proposed the deal, and he agreed […]

West Memphis Three Apparently About to Be Released

It is appearing pretty certain that the West Memphis Three (long prior post by me here) will finally get relief tomorrow at a hearing in Jonesboro, Arkansas.  Media in Jonesboro and Memphis are reporting that, out of the blue, the court has scheduled a hearing at which all three will attend, that all three […]

Reason Magazine’s crime issue is online

Reason Magazine has its crime issue entirely online.  As readers of this blog would expect, Radley Balko has two good pieces, a “Bad Boys” story about several of the worst (and two of the best) prosecutors in America, that leads off with Forrest Allgood, and a story about innocence cases that focuses on one […]

Joe York’s documentary Mississippi Innocence

Here’s the trailer.  The movie will premier February 11th in Oxford.


A couple of notes on the argument in the fabricated evidence case

From the argument yesterday in the fabricated-evidence case in the U.S. Supreme Court, here’s the closer of former Solicitor General Paul Clement’s argument for the plaintiffs:

I think it’s clear, from this court’s cases, that the police officer that engages in misconduct has committed a grave, grave constitutional violation and ought to be liable. […]

Today at the US Supreme Court: Is there a “freestanding constitutional right not to be framed”?

This question is raised in an argument before the US Supreme Court today.  Put another way:  When the prosecutors participate in an investigation that fabricates evidence against two defendants– leading them to be wrongfully convicted and spend 25 years in jail– is that pre-indictment misconduct protected by prosecutorial immunity? The SCOTUS blog summary of […]

Patsy Brumfield writes: “Tyler Edmonds Enjoying the Free Life”

Folks who go back to the Folo days will remember the case of Tyler Edmonds, the teenager convicted of murder based in part on the opinion testimony of Dr. Hayne, who opined that he could tell from a bullet entry wound that the gun that shot the victim had two sets of hands on […]

On the limits of innocence: Would Scalia uphold a murder conviction if the victim turned up living?

Allen Dershowitz (with reason–  I posted about the decision that is the basis is this observation yesterday) thinks the answer to the question in the post is “yes:”

I never thought I would live to see the day when a justice of the Supreme Court would publish the following words:

“This court […]