Washington, DC, June 15, 1998 -- The National Association of Criminal Defense
Lawyers applauds today's U.S. Supreme Court decision in Hohn v. United States, No. 96-8986,
holding that the Court has jurisdiction to hear the a claim of actual innocence by a federal prisoner
whose certificate of appeal of his post-conviction motion is denied in a federal appellate court.
NACDL's friend-of-the-court brief supporting Petitioner Arnold Hohn was argued by Edward
Chikofsky, New York City.
NACDL President Gerald B. Lefcourt, New York City, issued the following statement
explaining the importance of today's decision:
"The irony of this case is that even the Solicitor General of the United States agreed with our
position that the Supreme Court has jurisdiction to review erroneous denials of post-conviction
claims, at least where the petitioner may actually be innocent. Congress was ill-advised in restricting
the availability of the writ of habeas corpus and federal post-conviction relief. But it's unthinkable
to imagine, as the lower court held, that Congress permanently closed the door to further review of
a claim of innocence by an American citizen."
[Click Here] for the text of the
Supreme Court's decision.
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NACDL is the preeminent organization in the United States advancing the mission of the nation's
criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct.
A professional bar association founded in 1958, NACDL's almost 10,000 direct members -- and 80 state
and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers,
public defenders, active U.S. military defense counsel, law professors and judges committed to preserving
fairness within America's criminal justice system.
National Association of Criminal Defense Lawyers (NACDL)